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TAMPA CITY COUNCIL

Thursday, January 19, 2012

9:00 a.m. session

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09:03:31 >>CHARLIE MIRANDA: City Council is called to order.

09:03:33 The chair yields to Yolie Capin.

09:03:38 >>YVONNE CAPIN: Thank you, Chairman Miranda.

09:03:39 Good morning.

09:03:40 I would like to introduce Father Richard Fellows, presently

09:03:43 serves the Tampa Police Department as chaplain, a native of

09:03:47 Illinois.

09:03:49 He moved to Florida in '88, came to Tampa in 2000 after

09:03:53 having served in the United States Army as chaplain for 14

09:03:57 years, married for 30 years. He and his wife have two sons.

09:04:01 Good morning and thank you for being here to deliver the

09:04:04 invocation. Father Fellows.

09:04:08 Please stand for the invocation and stay standing for the

09:04:12 pledge of allegiance.

09:04:13 >> Let us pray.

09:04:19 Almighty God, you have given us this good land for our

09:04:22 heritage.

09:04:23 We humbly beseech woo that we may always prove ourselves of

09:04:28 people mindful of our favor and glad to do Thy will.

09:04:31 Bless our land with honorable industry and sound learning

09:04:34 and pure manners.

09:04:36 Save us from violence, discord and confusion, from pride and

09:04:43 arrogance and every evil way.

09:04:45 Defend our liberties and fashion into one united people, the

09:04:49 multitudes brought hither out of many kindred tongues.

09:04:54 Undo the spirit of wisdom those to whom in Thy name we trust

09:04:58 the authority of government, that there may be justice and

09:05:00 peace at home, and that may show forth Thy praise to the

09:05:07 nations of the earth.

09:05:08 In the time of prosperity fill our hearts with thankfulness

09:05:12 and day of trouble suffer not our trust in we that fail, all

09:05:18 we ask in Thy holy name.

09:05:20 Amen.

09:05:20 (Pledge of Allegiance)

09:05:23 Roll call.

09:05:43 >>MIKE SUAREZ: Here.

09:05:46 >>YVONNE CAPIN: Present.

09:05:47 >>FRANK REDDICK: Here.

09:05:49 >>HARRY COHEN: Here.




09:05:51 >>LISA MONTELIONE: Here.

09:05:52 >>CHARLIE MIRANDA: Here.

09:05:57 Okay, we need the approval of the of the minutes.

09:06:00 >> Move to approve.

09:06:02 >>CHARLIE MIRANDA: Seconded by Ms. Montelione.

09:06:05 All in favor of the motion please indicate by saying aye.

09:06:07 Opposed nay.

09:06:09 The ayes have it unanimously.

09:06:13 The addendum?

09:06:17 >>SHIRLEY FOXX-KNOWLES: City clerk.

09:06:20 To review the addendum to the agenda for January 19, 2012,

09:06:25 at the 9 a.m. session.

09:06:26 Under new business items, we have a resolution approving a

09:06:32 contract between the City of Tampa and Dear Productions to

09:06:37 develop and design lighting concepts for the installation of

09:06:41 lighting enhancement to four within the City of Tampa.

09:06:48 We have part one and two for that resolution.

09:06:51 Under item substitutions of agenda items, item 55, we have a

09:06:58 substitution for a resolution approving agreements between

09:07:02 the city and ACCELA, Incorporated.

09:07:06 That's for Construction Services Center permitting system.

09:07:14 Item 64, the staff report is being substituted.

09:07:20 Under continuances or removal items, item 37 is being pulled

09:07:27 from the agenda for discussion.

09:07:30 >>CHARLIE MIRANDA: One second.




09:07:30 I believe there's a council member that wants to pull it for

09:07:34 discussion so we'll do that.

09:07:35 >>SHIRLEY FOXX-KNOWLES: Item 52 is there's a request for

09:07:43 that item to be continued to February 2nd, 2012.

09:07:52 And item 63, there's a request for continuance to February

09:07:57 2nd, 2012 at 10:30 a.m.

09:08:01 Item 39, we have a letter from Tony Garcia of the Planning

09:08:09 Commission transmitting the comprehensive plan procedures

09:08:14 manual that is to be received and filed.

09:08:19 There are no other items on the addendum to the agenda, and

09:08:24 we request your a property.

09:08:26 >>CHARLIE MIRANDA: Thank you very much.

09:08:31 I need approval of the agenda which includes the approval of

09:08:33 the addendum at this time F.any council member has any

09:08:36 questions on new business, Mrs. Mulhern?

09:08:40 >>MARY MULHERN: Thank you, Mr. Chairman.

09:08:43 I have some questions about the new business, and where that

09:08:48 was going to be placed on the agenda.

09:08:53 Did we -- to be heard under new business at the end of the

09:08:58 meeting?

09:09:02 >>CHARLIE MIRANDA: As far as I know of.

09:09:10 End of the meeting.

09:09:10 >>MARTIN SHELBY: If I may make a recommendation that if any

09:09:15 council member wants it to be discussed to place it under

09:09:19 staff report and they will be watching and they can answer




09:09:21 your questions at that time.

09:09:23 That's normally the way council has done it in the past.

09:09:25 >>MARY MULHERN: Yes.

09:09:28 Well, on the first one, the lighting, the bridge lighting,

09:09:33 which I'm very excited about as the council person who is on

09:09:36 the board of the public art.

09:09:39 It looks like Robin Nigh.

09:09:43 Did you want to speak now?

09:09:48 >>CHARLIE MIRANDA: I'm sorry, maybe I misunderstood your

09:09:50 request.

09:09:51 I'm talking about new business from council members, and I

09:09:54 think you are talking about --

09:09:56 >>MARY MULHERN: Oh, no, I am talking about new business

09:09:59 item.

09:09:59 >> Would we have to approve the a between dumb first?

09:10:03 >>CHARLIE MIRANDA: That's what I'm thinking.

09:10:04 Yes, ma'am.

09:10:05 >> Robin Nigh, public arts program.

09:10:07 I am here if you have any questions regarding the new

09:10:11 benefits bridge light.

09:10:12 Thank you.

09:10:12 >>MARY MULHERN: I do have some questions.

09:10:20 Did this proposal -- did we vote on this -- I don't remember

09:10:23 if we did or not -- on the board, public art board?

09:10:27 >> On the Public Art Committee, some time ago, actually it




09:10:31 was before you were appointed to the Public Art Committee

09:10:32 this was approved.

09:10:33 We did not have the funding to actually implement the

09:10:37 project, the installation and fabrication of the project

09:10:40 until very recently.

09:10:41 >>MARY MULHERN: But the artist selected --

09:10:46 >> The artist was selected in 2006.

09:10:48 >>MARY MULHERN: Okay.

09:10:50 So then my question is, we don't normally add these things

09:10:56 on at the beginning of the meeting, and why do we need to do

09:11:02 this now?

09:11:02 Why can't we put this on the agenda for next meeting which

09:11:05 would be in two weeks?

09:11:06 Is there some reason we have to do this today?

09:11:09 >> Yes, Councilwoman Mulhern, Tallahassee real concern in

09:11:13 also terms of timing.

09:11:14 As you know we are hoping to get this started or complete by

09:11:17 July, actually, of 2012 in lieu of the convention.

09:11:23 We don't know how quickly we have to be out of the channel

09:11:25 and what we have to implement to get into the installation

09:11:28 details until we get into it.

09:11:29 So the concern is really timing.

09:11:31 >>MARY MULHERN: But we are talking about two weeks.

09:11:33 And the artist was -- this is the contract that the artist

09:11:38 was selected and knew that he had the job for more than a




09:11:42 year?

09:11:44 >> Well, he knew that we would like to work with him.

09:11:49 He certainly knew that.

09:11:50 Dent know in terms of our timing what the schedule was.

09:11:52 It was never a funded project.

09:11:54 >>MARY MULHERN: Yeah, I mean, I don't know, courageous

09:12:03 would like to continue until our next regular meeting so

09:12:05 that we can actually adhere to our process, and so I would

09:12:12 like to do that.

09:12:15 So as far as voting on the agenda, that would be my

09:12:24 suggestion, I guess as a motion when we vote on it, to have

09:12:29 that come back in two weeks so that we can actually review

09:12:33 the contract.

09:12:37 I think there was plenty of time to get it on here over the

09:12:43 past couple of weeks, that we could have had it on the

09:12:46 agenda today so that we would have had an opportunity to

09:12:48 actually know exactly what we are voting on, and especially

09:12:52 for myself who is on the committee.

09:12:56 >>CHARLIE MIRANDA: Other council members?

09:12:57 >>MARY MULHERN: I'll make that motion that we continue that

09:13:03 item for two weeks to our next regular council meeting,

09:13:07 unless we have a night meeting next week, but I don't think

09:13:10 we do.

09:13:15 I don't really see how two weeks is going to make a

09:13:18 difference.




09:13:19 So I would like to stick with our process and have it on the

09:13:23 agenda.

09:13:24 >>MIKE SUAREZ: Let's try to figure out what this process

09:13:29 was.

09:13:30 It was a move by the public arts committee to want to work

09:13:33 with this particular artist during the course of how long,

09:13:39 do you have a time frame?

09:13:41 >> Yes.

09:13:42 Back in -- when we started the first initial call to artist,

09:13:46 Tracy Dear was brought in among other artists and programs

09:13:50 and such.

09:13:52 It's been a very long process because the work was unfunded

09:13:55 for so many years.

09:13:56 There have been several administrations that have been

09:13:58 trying to get the bridge lighting progress to get it started

09:14:02 and that type of thing.

09:14:03 We were never able to get it going because we didn't have

09:14:05 the sponsors till TECO stepped up to the plate.

09:14:08 So he's been kind of sitting in our preapproved process for

09:14:13 some time, gosh, for five years.

09:14:15 >>MIKE SUAREZ: Also, in terms of the money that you are

09:14:19 being asked for an appropriation, that money is already in

09:14:23 the trust budget for this particular purpose, correct?

09:14:27 >> Yes, sir.

09:14:27 >> And in terms of to Councilwoman Mulhern's point about




09:14:33 contract, is that something that an open ended contract,

09:14:38 that council typically does not vote oven piece of public

09:14:41 art that is out there?

09:14:43 Or is it that the public arts committee has some leeway

09:14:47 based on the amount of money they have in the trust fund in

09:14:50 order to provide these public art projects?

09:14:52 >> My understanding, if I am understanding you correctly,

09:14:55 yes, sir, to the latter, that the Public Art Committee, they

09:14:58 typically make a recommendation to the mayor, the mayor, or

09:15:01 recommendations to council, and then it is approved normally

09:15:05 through that type of a process.

09:15:06 >> But the question is, then, back to her point was, the

09:15:11 process that the administration has control over the trust

09:15:14 fund, the trust fund has already been approved and that all

09:15:16 you are looking for are projects to fund, and once the

09:15:19 funding is there, it goes in, and the administration

09:15:23 approves it, not necessarily the council?

09:15:26 Hang on a second, Mr. Shelby.

09:15:31 Can you answer that question?

09:15:32 >> Again if I am understanding you correctly, yes, sir,

09:15:36 that's correct, these projects that are essentially

09:15:39 preapproved, there are projects that have been earmarked in

09:15:42 the trust fund for some years, one particular project is

09:15:44 just now approve the contract, gee-whiz, a couple of years

09:15:50 ago in which an artist will be working with the D.O.T. and




09:15:53 that project wasn't able to get started because D.O.T.'s

09:15:55 project came in way over budget and we had to wait for them.

09:15:58 So that project sat earmarked in our trust fund for some

09:16:01 years actually, until FDOT was able to make that adjustment,

09:16:04 and then we were able to let the contract because then it

09:16:10 could proceed, basically.

09:16:11 >> Okay.

09:16:13 And back to Ms. Mulhern's point, which is the contractual

09:16:18 obligation has already been struck between the city and the

09:16:22 trust fund first.

09:16:25 Is that what it is?

09:16:26 Or is it that we have approved the money in terms of the

09:16:30 movement. Money, not necessarily the appropriation of the

09:16:32 money?

09:16:32 >> Yes, sir.

09:16:33 >>MIKE SUAREZ: So this agenda item is a movement of money,

09:16:36 not an agreement to the contract itself for this particular

09:16:41 artist?

09:16:42 >> It's both.

09:16:43 >>MIKE SUAREZ: I see the part one and part two.

09:16:47 But again, you know, back to your point, which is, is it a

09:16:51 contract that we review and approve?

09:16:54 Or is it just a process in which we are approving the money

09:16:57 that's already been voted on at previous councils? That's

09:17:01 my main question.




09:17:02 >> Oh, no, sir, it has not been voted on by previous

09:17:05 council.

09:17:05 >> Okay.

09:17:06 Thank you.

09:17:09 >>CHARLIE MIRANDA: Mrs. Montelione.

09:17:10 >>LISA MONTELIONE: This brings up a discussion point that

09:17:13 I'm concerned with, and it has to do with item 37, but it's

09:17:17 the same general discussion of approval of contracts.

09:17:22 Because at our last CRA meeting, the question was made, do

09:17:29 we already have a contract on this property?

09:17:32 And we don't have a contract until the contract is approved

09:17:36 by council.

09:17:38 So to Ms. Mulhern's point and Mr. Suarez's point, that items

09:17:47 are held within, in your case, a trust fund, or in other

09:17:51 cases budget item, simply the fact of the title of the

09:17:58 project being included within a budget does not necessarily

09:18:03 mean that that item -- the contract for that item is

09:18:08 approved, because many items appear in budgets, but not all

09:18:12 of them move forward because not all of them get approved.

09:18:15 There are meantimes that items appear within a budget that

09:18:19 we never implement because we never approve the contract, we

09:18:23 decide that the money or the administration decides that the

09:18:26 money is better used elsewhere, so we don't go forward with

09:18:29 that project and move the money as Mr. Suarez pointed out to

09:18:35 some other project.




09:18:36 So until we as council approve a contract, that's all it is,

09:18:43 is a budget item, a line item in a budget, which may or may

09:18:46 not be utilized.

09:18:49 So I want to see those bridges lit.

09:18:54 I'm very excited about that, as is, I think, everyone here,

09:18:57 would be a great thing for our city, but we are talking more

09:19:00 about the process by which those contracts get approved, and

09:19:04 that is more the issue here.

09:19:07 And this council has talked a great deal about process in

09:19:10 the many months that we have been here.

09:19:14 The suggestion I might make is next week is a workshop

09:19:18 meeting, and we convene as council to hear this item half an

09:19:25 hour before, so we move up our meeting time by half an hour

09:19:29 and hear it then.

09:19:31 So that way, I mean, I think it's a compromise between

09:19:34 waiting two weeks and being able to move forward next week

09:19:38 instead of two weeks.

09:19:40 >>CHARLIE MIRANDA: Any council member wish to speak before

09:19:42 someone who has already spoken?

09:19:43 Ms. Mulhern.

09:19:44 >>MARY MULHERN: Yes, I see that Santiago Corrada is here

09:19:49 wishing to speak on this, but I want to answer Councilwoman

09:19:53 Montelione, because unless he's got some compelling reason

09:20:00 that we have to have this, we can't wait until our regular

09:20:07 meeting next week.




09:20:10 We are again not going with our process and our schedule

09:20:12 because of what seems to me to be an unnecessary request.

09:20:19 And as the council person appointed to this committee to

09:20:28 represent us, public art, I didn't know anything about this

09:20:32 till I read it in the paper and then happened to run into

09:20:36 Ms. Nigh at lunch yesterday at a restaurant.

09:20:39 So I don't feel that I am able to really do my job as a

09:20:45 council member, pointed to a committee, which, by the way,

09:20:50 Lights on Tampa is something that I have supported for years

09:20:53 long before I even thought about running for council.

09:20:58 I designed the logo.

09:21:01 I have been on the committee before I was even on council.

09:21:05 So I feel very close to everything that Lights on Tampa

09:21:10 does, everything that public art does, and expect to be

09:21:15 included as a board member in what's going on, and we are

09:21:20 meeting next week as the public art board.

09:21:24 >> Santiago Corrada, chief of staff.

09:21:29 I do want to apologize for not following the normal process.

09:21:32 What we have here is a walk-on item by the administration

09:21:35 late yesterday, and there are a lot of reasons for that, and

09:21:37 I do apologize for not being able to brief you until so

09:21:41 late.

09:21:42 And I know Robin tried to connect with everyone yesterday or

09:21:44 the day before.

09:21:46 We had a lot of moving parts with this item, a lot of




09:21:49 partnerships that needed to be established and conversations

09:21:51 that were ongoing almost until the press announcement.

09:21:55 Obviously, we don't own all of the bridges, so we had to

09:21:57 have conversations with CSX on Cass, the county on

09:22:02 Kennedy -- I'm sorry, on Platt, an FDOT on Kennedy.

09:22:06 Also, the TECO support needed to be finalized.

09:22:10 So a lot of those moving parts needed to be nailed down

09:22:13 before we could actually put the item on council agenda,

09:22:16 because without their support, we would not even be able to

09:22:19 engage into the contract we are trying to engage in with

09:22:23 Tracy dear.

09:22:26 This is a very simple contract, just for the design of the

09:22:29 light elements.

09:22:30 We actually have to come back, and obviously with enough

09:22:33 time putting them under the normal process, with agreements

09:22:37 with FDOT, agreements with CSX, agreements with the county,

09:22:42 in addition to an additional agreement with Mr. Dear for the

09:22:45 installation of the light.

09:22:46 The only reason why we are rushing it through, and I think

09:22:51 Robin mentioned it while I was trying to get over here,

09:22:54 trying to get all of these things done prior to the

09:22:56 Republican National GOP convention and being able to have

09:22:58 the light installed and in some of those areas where we need

09:23:04 to get out of.

09:23:05 I think if council can't support us today, obviously we




09:23:09 prefer next week, just because of the urgency on the timing,

09:23:13 but again, it is a $30,000 contract, small contract,

09:23:17 engaging Mr. Dear to work up the light concepts, the ideas

09:23:22 and the design for implementation.

09:23:24 So I do apologize for the rush on this item.

09:23:26 We have worked very diligently in not walking on items, not

09:23:31 trying to bring items like this before council, and so this

09:23:33 is one that just falls into lots of different conversations

09:23:37 that needed to be had, and lots of plans that need to be

09:23:41 finalized before we could put this on the council agenda.

09:23:46 >>CHARLIE MIRANDA: Any questions by council members?

09:23:49 All right. Mr. Suarez?

09:23:52 >>MIKE SUAREZ: One question.

09:23:52 What's the length of the projected time frame that they need

09:23:58 in order to install?

09:24:01 >> Well, obviously we are going to have to rush somewhat

09:24:04 design, make is that your Mr. Dear -- he's an expert on

09:24:07 this. If you look at his work, he's done all the bridges in

09:24:10 Chicago, a number of buildings.

09:24:11 So we are going to have to move him through that process.

09:24:14 Installation depending on barges, because some of the stuff

09:24:16 has to be done from the water, could take some time.

09:24:19 We would have to talk to Mr. Dear about that.

09:24:21 Now, he's estimating it could take from a week to a month

09:24:24 depending on how much work has to be done from the water,




09:24:28 and attaching onto the bridges.

09:24:30 But the technology has moved along, the skills and expertise

09:24:34 have moved along in this area since he's done some bridges

09:24:37 around the country, so, now, we are hoping to be able to

09:24:40 move it along once we have the contract in place.

09:24:42 >>MIKE SUAREZ: Thank you.

09:24:46 >>CHARLIE MIRANDA: I have a motion on the floor by Ms.

09:24:48 Mulhern, a second by Mr. Cohen, if I recall.

09:24:54 Mr. Reddick?

09:24:56 >>FRANK REDDICK: (off microphone).

09:25:03 >>LISA MONTELIONE: I'm sorry?

09:25:06 I asked if she would accept that amendment.

09:25:08 >>MARY MULHERN: I still don't see any reason -- obviously

09:25:12 everyone is talking to the artist.

09:25:14 I'm sure the artist is very happy to get this contract, and

09:25:21 that tobacco-free here that it is going to be supported, to

09:25:26 actually adopt it, but the City Council needs time to

09:25:30 actually -- and the Public Art Committee to know what is

09:25:34 going on with this.

09:25:35 So I don't think we need two weeks.

09:25:37 Just as a point of expecting us to be able to do our job and

09:25:43 to run our meeting and our agenda as a council, as an

09:25:50 independent body of the administration, I would rather wait

09:25:53 the two weeks.

09:25:56 And we can vote on that, see how that goes.




09:26:01 >>CHARLIE MIRANDA: Well, I'm for one week, not for two.

09:26:04 And I have heard some conversation about independents, the

09:26:09 word independence of council, and the mayor's office through

09:26:13 individuals called me, and I put it on the agenda.

09:26:15 That's number one.

09:26:16 Number two, I asked that person to make sure that the

09:26:20 council members were addressed before today.

09:26:23 Whether that happened or not, I don't know, because I don't

09:26:26 baby-sit anyone.

09:26:29 That's what I'm asking.

09:26:33 Some did, some didn't.

09:26:35 So the timing here, I'm not opposed to one week.

09:26:40 And there is where we are at.

09:26:41 Is that motion on the floor, Mrs. Ms. Mulhern, for one week?

09:26:46 >>MARY MULHERN: No, my motion is for two weeks.

09:26:49 >>CHARLIE MIRANDA: I am not going to vote for that motion

09:26:50 because I don't want to hold up a project that is needed.

09:26:52 The city is going forward.

09:26:54 Those lights, in my opinion, what the administration has

09:26:58 done, is created an opportunity for this city to have a

09:27:04 vibrant downtown, a better downtown than what we have today,

09:27:07 and I'm not going to hold it up for two weeks based on those

09:27:11 facts, that we can't read something in one week.

09:27:17 I think we can read a $30,000 contract in much sooner than

09:27:21 one week.




09:27:21 But I have a motion for two weeks.

09:27:23 Is the second still for two weeks?

09:27:26 Ms. Capin?

09:27:28 >>YVONNE CAPIN: May I ask a question?

09:27:29 Councilwoman Mulhern, when is the public arts committee

09:27:32 meeting?

09:27:34 >>MARY MULHERN: Next Wednesday.

09:27:35 >> So it is the day before our meeting next Thursday.

09:27:38 All right.

09:27:43 Thank you.

09:27:43 >>HARRY COHEN: I am inclined to support one week.

09:27:46 >>MARY MULHERN: Okay, fine.

09:27:51 Change to the one week.

09:27:52 >>CHARLIE MIRANDA: Is your motion for one week or two weeks?

09:27:55 >>MARY MULHERN: I'll accept that for one week.

09:27:57 >>CHARLIE MIRANDA: The motion accepted by the maker of the

09:28:00 motion, Mrs. Mulhern, for one week, seconded by Mr. Cohen.

09:28:04 Any further of that motion for one week?

09:28:09 >>MARTIN SHELBY: A clarification.

09:28:11 Did you want to set it for 9:00?

09:28:13 >>CHARLIE MIRANDA: We'll set it when we vote.

09:28:17 I'll set that.

09:28:19 That motion has been made for one week, which would be next

09:28:24 Thursday, and we'll put it at 9:00 in the morning on the

09:28:28 9:00 portion of the agenda.




09:28:29 All in favor of that motion made by Ms. Mulhern, seconded by

09:28:32 Mr. Cohen? Opposed? Unanimous.

09:28:40 That goes for two parts.

09:28:42 Well, let's make it we have one part.

09:28:45 Let's make it for the second resolution, which is the

09:28:49 relocation appropriation.

09:28:50 I need a motion for that to go one week also.

09:28:53 >>HARRY COHEN: Move the second part of the resolution.

09:28:55 >> I have a motion by Mr. Cohen, seconded by Mr. Suarez.

09:28:59 All in favor of that motion?

09:29:00 Opposed?

09:29:01 The Ayes have it unanimously.

09:29:02 That takes care of the new business items, substitute on

09:29:05 items on the agenda.

09:29:11 Thank you.

09:29:12 Items 55 and 64.

09:29:14 Any discussion on those two items?

09:29:17 I see none.

09:29:18 So --

09:29:23 >>LISA MONTELIONE: Move to approve the agenda.

09:29:27 >>CHARLIE MIRANDA: We have those two on continuance.

09:29:30 37, 52, 63, and other changes on the agenda, 39, would be

09:29:38 just, I guess, receive and file.

09:29:41 Ms. Montelione on 37, I believe.

09:29:43 >>LISA MONTELIONE: Are we going to hear 37 under staff




09:29:46 reports?

09:29:48 >>CHARLIE MIRANDA: We will.

09:29:49 >>LISA MONTELIONE: And if I may make a statement as to why

09:29:51 I asked for this to be pulled -- not to be pulled in

09:29:57 general, but why I had concerns about this item being

09:30:00 removed from the agenda.

09:30:02 Again, we go back to -- I had questions of staff as to why

09:30:15 the statement here was removed from the agenda as the item

09:30:17 was substituted in error, and I was attempting to find out

09:30:23 what the error was.

09:30:25 My first inclination when I thought it was on the regular

09:30:29 agenda and I asked my aide a couple of days ago to pull it,

09:30:33 and to arrange for a conference with Mr. Johnson, he was

09:30:39 told that the item was not on the agenda, and I didn't have

09:30:41 to pull it, that it was put on there in error and it wasn't

09:30:45 going to be heard, and that I had a problem with, because

09:30:48 until this body votes on the addenda to the agenda, it is

09:30:52 still on the agenda.

09:30:55 It still has to be voted on.

09:30:57 So the fact that my aide was being told that the item wasn't

09:31:01 on the agenda troubles me, because that is not following the

09:31:07 process that we have.

09:31:11 And that is the concern which is why I brought it up which

09:31:15 is something that I know at least a couple of council

09:31:17 members here talked about process before.




09:31:20 So that's why I had a lot of questions.

09:31:24 And then that question led to, well, can you pull the

09:31:31 addenda for me?

09:31:32 And found that the addenda is not on doc agenda.

09:31:36 The public does not have the ability to review what is on

09:31:41 the addenda to our agenda until we might the morning of.

09:31:49 So that's another process that I think we need to take a

09:31:53 look at.

09:32:02 >>CHARLIE MIRANDA: These tens on the addenda to the agenda

09:32:05 are not properly stated as they should be.

09:32:07 That's number one.

09:32:08 Number two, although the rules say call for the approval of

09:32:11 the agenda, it doesn't call for the approval of the addenda,

09:32:16 I don't believe.

09:32:18 That's just my personal feeling.

09:32:20 Maybe we should have approval of the agenda and approval of

09:32:23 the addenda differently.

09:32:25 >>LISA MONTELIONE: I would favor that, because to me, an

09:32:31 addenda to the document becomes part of that document.

09:32:35 And although it says approval agenda, we are treating this

09:32:39 as something separate that the clerk reads independently as

09:32:44 a document.

09:32:46 >>CHARLIE MIRANDA: If you are making a motion on the process

09:32:50 of the addendum being brought up publicly, just like the

09:32:55 normal meeting, individuals that we have on the agenda, the




09:33:00 addenda and the agenda in my opinion are certainly two

09:33:04 different things.

09:33:04 If you were to add the addenda to the publicly stated

09:33:08 before, just like the agenda is, and to be approved

09:33:12 separately, I would certainly be in favor of that.

09:33:14 >>LISA MONTELIONE: Yes, I would like to make that motion,

09:33:17 clarifying that we need to find a way to get this document

09:33:20 on doc agenda.

09:33:22 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

09:33:25 second by Mr. Suarez.

09:33:26 Further discussion of that motion?

09:33:28 All in favor of the motion please indicate by saying aye.

09:33:31 Opposed nay.

09:33:32 The Ayes have it unanimously.

09:33:35 Okay, we are still on continuance for removal of items.

09:33:40 37 will be brought up when we get there.

09:33:42 355th 2.

09:33:44 >> 52 I asked for a continuance because the item is being

09:33:50 taken up today at the Board of County Commissioners.

09:33:53 >>CHARLIE MIRANDA: I need that motion to continue to

09:33:56 February 2nd of 2012, and come at the regular

09:34:01 transportation division.

09:34:02 Motion and second by Mrs. Capin.

09:34:04 All in favor of that motion?

09:34:06 Opposed?




09:34:06 The Ayes have it unanimously.

09:34:08 63 is Ms. Mulhern.

09:34:11 >>MARY MULHERN: I think we need to hear that when it comes

09:34:15 up since it's publicly noticed, and --

09:34:24 >>CHARLIE MIRANDA: In a problem with that.

09:34:26 That's item 63.

09:34:27 >> 10:30.

09:34:36 >>CHARLIE MIRANDA: Any further discussion on the addenda?

09:34:40 I need approval of the addenda.

09:34:41 >> So moved.

09:34:44 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

09:34:47 Montelione.

09:34:47 All in favor?

09:34:48 Opposed?

09:34:49 The Ayes have it unanimously.

09:34:51 Ceremonial activities, we don't have any, I don't believe.

09:34:58 Have we approved the agenda?

09:35:00 We have?

09:35:00 Okay, that takes care of that.

09:35:02 And we go to public comments.

09:35:07 We have allotted 30 minutes for public comments from anyone

09:35:09 in the audience who would like to speak to items on the

09:35:12 agenda first.

09:35:12 Anyone in the public that would like to speak to items on

09:35:14 the agenda.




09:35:18 Any items on the agenda, please come forward.

09:35:26 >> Good mornings Mr. Chairman, City Council, Mr. Shelby.

09:35:30 My name is Don Rhode, 412 Madison street.

09:35:33 Mr. Chairman, back in October, I initially proposed three

09:35:38 separate changes to the city code.

09:35:43 On December 1st, council passed a motion which is your

09:35:45 agenda item number 54 today requesting a report from staff

09:35:52 regarding any formulated or contemplated legal changes to

09:35:56 the code that might be winding their way through the

09:36:00 department at this time.

09:36:01 Later on that same evening, December 1st, is when the

09:36:04 motion passed.

09:36:06 29 additional arrests occurred over what was then the Occupy

09:36:09 Tampa protest site on Ashley street.

09:36:14 I would like council to know that this has forced the

09:36:17 protest out of the downtown sector completely.

09:36:21 It left behind a number of confused, opposed, supportive and

09:36:29 surprised observers that do not completely understand why

09:36:34 the protest is no longer there.

09:36:37 The arrests merely killed the most important form of speech,

09:36:42 protest and assembly that's begun on in this city in quite

09:36:45 some time.

09:36:47 With that in mind, sir, I would like you to know that these

09:36:50 amendments that were proposed directly affect the laws that

09:36:53 we use as the basis for those arrests.




09:36:58 While I acknowledge at times the protest was sloppy,

09:37:02 inefficient and unfocused, it did not fizzle out on its own.

09:37:06 It had the help, substantially, of these ordinances and the

09:37:09 way they were enforced both by the police and the courts.

09:37:13 If you paid attention to those things, you might agree with

09:37:16 me that the existing city code has three observations. One,

09:37:22 when it becomes illegal to assemble on a sidewalk, the

09:37:26 definition of obstruction ought to be clear, Constitutional

09:37:30 and contained within the language of the ordinance itself.

09:37:34 Second, no person should be prevented from placing an item

09:37:39 on public property without some reasonable allowance for

09:37:42 proximity and volume relative to that item, and no purpose

09:37:49 should be considered an item of property merely because they

09:37:51 are on a sidewalk.

09:37:53 Third, council should examine parks and recreation's policy

09:37:58 regarding department managed lands as it relates to closing

09:38:03 time, sleeping, overnighting, permitting and speech

09:38:06 protected by the state and federal Constitutions.

09:38:09 A clear expression of policy is needed to correct these

09:38:13 oversights and to show that Tampa is among leaders and not

09:38:18 observers on this important social issue.

09:38:20 It's up to you folks and not the courts, not the secret

09:38:23 service, not convention organizers, to handle this matter.

09:38:27 I would like to speak again at the end of your meeting, sir.

09:38:30 (Bell sounds).




09:38:32 >>CHARLIE MIRANDA: Thank you very much.

09:38:32 I appreciate it.

09:38:33 Mrs. Montelione.

09:38:34 >>LISA MONTELIONE: Mr. Rhode, I talked to TPD about those

09:38:44 arrests made that night.

09:38:45 And it was my understanding that the arrests were not

09:38:48 associated, and legal can clarify, or TPD can clarify.

09:38:55 The arrests were not associated with the individuals being

09:38:58 on public property.

09:39:00 The arrests were associated with the owner of the private

09:39:05 property and the individuals who were arrested were given a

09:39:11 in a-trespass order, and that no-trespass was initiated by

09:39:15 the owner of the private property.

09:39:18 So it was not, in my understanding -- and I don't know if I

09:39:22 have gotten confused or misinformation, but it was my

09:39:28 understanding that the arrests were associated with the

09:39:31 trespass order from the private property owner.

09:39:36 >> Can I respond, ma'am?

09:39:38 First of all, it might very well be that trespass order was

09:39:42 given in some instances relative to what's considered

09:39:45 private property, something leased out over there, something

09:39:48 of that nature.

09:39:49 However, the trespass --

09:39:51 >>LISA MONTELIONE: No, sir, it's not that the property is

09:39:53 leased out, it's that the property belongs to Rivergate




09:39:57 tower.

09:39:58 I believe that's the name of the beer can building that we

09:40:00 so lovingly refer to.

09:40:02 And the trespass order was given, or was requested by the

09:40:08 owner of that property.

09:40:14 I used to work there, so adjacent to where the building is,

09:40:19 is a Promenade where they use that Promenade for parking for

09:40:24 the restaurant that's located there, and I'm not sure

09:40:27 exactly where that boundary of the property line is, but it

09:40:31 was the owner of that property who called TPD for a trespass

09:40:36 order, and that's when the arrest occurred, because the

09:40:40 individuals were on private property as opposed to public

09:40:44 property.

09:40:44 So it's not the city leasing something out.

09:40:46 It's actually the building owner, or the building owner

09:40:49 management company.

09:40:50 >> I still believe that there's historically, since the

09:40:54 protest started, there were Kiley Park, waterfront park,

09:40:58 arrests made.

09:41:00 There were trespass orders written.

09:41:02 But even though that's a state statute, it was done pursuant

09:41:05 to the local ordinance and the local park policy as to

09:41:08 closing time and activities within the park.

09:41:12 That being the case, it's the local ordinances that control

09:41:17 the application of the state trespassing statute that says




09:41:22 that when a law enforcement officer has permission from the

09:41:27 owner or the occupier, the operator of the place, they can

09:41:32 be told to leave.

09:41:33 And then after that it's trespassing, after warning they can

09:41:36 be arrested.

09:41:38 If I'm wrong about the 29 arrests on that night, I stand

09:41:42 corrected, and I apologize.

09:41:44 I don't think I am, though.

09:41:45 I do think that the issue was over the park.

09:41:51 The idea was to take a public park of somebody's front yard

09:41:56 or somebody's business would not be a public park.

09:42:00 I'm not sure that I agree with you.

09:42:02 But if I am incorrect on those 29 arrests that particular

09:42:05 day, I do know that the effect of it, but not being able to

09:42:10 occupy any portion of a park as of the closing time of the

09:42:15 park itself resulted in threatened arrests and actual

09:42:18 arrests during the course of the protest.

09:42:21 I'm positive of that.

09:42:23 >>CHARLIE MIRANDA: Thank you.

09:42:23 Ms. Mulhern.

09:42:24 >>MARY MULHERN: I think this is kind of too complicated for

09:42:29 us to take up right now, because I don't know what all of

09:42:33 those 29 arrests are, but at least from my memory, I think

09:42:38 what you are saying is correct.

09:42:40 But I do want to correct the idea that Kiley Park and Curtis




09:42:51 Hixon park are owned by the city.

09:42:53 The Kiley property is -- there's a complex difference in the

09:43:05 garage underneath it, but the actual street level, building

09:43:09 level park, Kiley Park, is the city's.

09:43:13 I think I'm correct in that.

09:43:15 We own that.

09:43:15 The city owns the park.

09:43:17 >> That is our assumption, received in print from the Tampa

09:43:25 Police Department, indicating you must be out of the park,

09:43:30 can't be on the sidewalk.

09:43:31 That's going to change in a few weeks.

09:43:33 I still have the notice that they distributed.

09:43:35 So I'm certain that there was a relationship there.

09:43:39 When you say that it's too complicated to take up at this

09:43:41 time, I tend to agree, but I would also say that the one

09:43:58 ordinance on the sidewalk, that's a whopper.

09:44:00 I have looked at almost every other city's code that's

09:44:04 handled Olympics, national nominating convention, the entire

09:44:08 gamut of large events that force large crowds of people into

09:44:13 the municipality, and almost all of them have some

09:44:16 definition built into the statute as to what constitutes an

09:44:20 obstruction of a sidewalk.

09:44:22 If you looked at any of those newspaper articles that came

09:44:26 from quoted officials from the police department, recently,

09:44:29 they say they are not interested in interrupting law-abiding




09:44:32 protestors, but they are interested in doing something about

09:44:34 people that come here for criminal activity.

09:44:36 As it stands right now, it's hard to determine what criminal

09:44:39 activity is under that ordinance.

09:44:42 The only people that would be able to tell you what that is

09:44:45 is the police officer at the time he makes the arrest.

09:44:52 >>CHARLIE MIRANDA: I am going to ask that -- I am going to

09:44:56 give you my feeling on this.

09:44:57 This is a wonderful country.

09:44:58 You don't have the freedom anywhere else that I know of in

09:45:02 the world and in this great country that has the right to

09:45:05 protest, you have the right to assembly and you have the

09:45:08 right to speak your mind.

09:45:11 In your case, what you are asking for is so vague, and in my

09:45:18 opinion you are asking for those parks in the city to be

09:45:22 occupied by anyone.

09:45:24 I'm not looking at your movement.

09:45:26 That's fine.

09:45:28 You have a feeling that you want to do something.

09:45:30 I appreciate that very much, all of you.

09:45:33 But what happens to a park if it's open -- and I'm speaking

09:45:39 not to you, not to, but what happens to a city park if you

09:45:45 are there to occupy day in and day out?

09:45:48 What happens to parks like Al Lopez, allow you to park there

09:45:53 during game time and have festivities, and do whatever you




09:45:56 want to do.

09:46:01 Does it happen in any country in the world?

09:46:02 You can't organize you can't speak.

09:46:11 You have those rights in this country.

09:46:12 The court system is what it's there for.

09:46:14 In fact I am not here to bolster myself, through many people

09:46:20 with the right to get on the ballot by petition, went all

09:46:25 the way to the Supreme Court.

09:46:33 So why don't you take these ordinances to court?

09:46:35 You are welcome to do something.

09:46:36 You are welcome to come here every Thursday, believe me.

09:46:38 I'm free on Thursdays.

09:46:43 My whole life is based on being here every Thursday from

09:46:46 sun-up to sundown to the morning, it makes no difference to

09:46:49 me.

09:46:51 And if the movement want to do this, the court system is

09:46:55 just two blocks down the street.

09:46:57 I will never support -- I am going to be very sincere, not

09:47:01 against your movement but against a movement that takes city

09:47:07 properties and for individuals to do whatever they want to

09:47:09 do 24 hours a day.

09:47:11 Any city has to have some compelling laws that protect all

09:47:14 the citizens and I am not going to support.

09:47:36 That I am not speaking in the administration but the way I

09:47:38 read this, that's the way they feel, also, and I have never




09:47:41 discussed it with anyone, not on this council, not in the

09:47:44 public and not in the administration.

09:47:45 But I am not here to have a debate with you.

09:47:47 I am just making a statement.

09:47:48 So I am not asking anyone to answer.

09:47:53 That thank you very much for attending.

09:47:54 See you after the meeting.

09:47:55 No, sir.

09:47:55 >> I was just going to say --

09:47:58 >>CHARLIE MIRANDA: Thank you.

09:47:59 I said that.

09:47:59 Anyone else in the audience care to speak?

09:48:12 We go to reconsideration of legislative matters.

09:48:15 Anyone in the audience for reconsideration of legislative

09:48:18 matters? All right.

09:48:24 You scared me.

09:48:25 Committee reports.

09:48:27 We go to the committee reports agenda items 1 through 42.

09:48:34 The first one, item number 1.

09:48:38 Mr. Suarez, would you take item number 1, please?

09:48:41 >> First reading consideration, restating and superseding

09:48:48 City of Tampa ordinance 2011-85 nits entirety, granting to

09:48:52 the University of Tampa incorporated, a Florida nonprofit

09:48:55 corporation, its successors and assigns, a nonexclusive

09:48:58 franchise to use the public streets, alleys, highways,




09:49:03 waterways, bridges, easements and other public places of the

09:49:06 City of Tampa for the construction, maintenance and

09:49:09 operation of chiller and electrical facilities, including

09:49:13 all necessary appurtenances and stormwater infrastructure

09:49:18 for the delivery and return of chilled water and electrical

09:49:21 service, and for drainage for the sole and private use of

09:49:24 university of Tampa, in the City of Tampa and prescribing

09:49:28 the terms and conditions under which said nonexclusive

09:49:31 franchise may be exercised, providing for severability,

09:49:34 providing an effective date.

09:49:37 >>CHARLIE MIRANDA: I have a motion by Mr. Suarez, second by

09:49:39 Mr. Reddick.

09:49:40 Further discussion on that motion?

09:49:41 All in favor indicate by saying aye.

09:49:43 Opposed, nay.

09:49:44 The ayes have it unanimously.

09:49:45 >> February 2nd at 9:30 a.m. for second reading of the

09:49:53 ordinance.

09:49:54 >>CHARLIE MIRANDA: We go to committee reports.

09:49:55 Public Safety Committee, Mr. Reddick, items 2 through 7.

09:49:58 >> I move item 2 through 7.

09:50:00 >> Second.

09:50:01 >> I have a motion by Mr. Reddick, a second by Mr. Cohen.

09:50:04 Further discussion by council members?

09:50:06 All in favor of the motion please indicate by saying aye.




09:50:09 Opposed, nay.

09:50:10 The Ayes have it unanimously.

09:50:13 Parks, Recreation, Culture Committee, Ms. Mary Mulhern.

09:50:17 >>MARY MULHERN: I move items 8 through 16.

09:50:21 >> I have a motion by Mrs. Mulhern, second by Ms. Capin.

09:50:24 Further discussion by council members?

09:50:26 All in favor of the motion please indicate by saying Aye.

09:50:29 Opposed, nay.

09:50:30 The Ayes have it unanimously.

09:50:32 Public Works Committee, Mr. Suarez.

09:50:35 >> I move item 17 through 26.

09:50:38 >> Second.

09:50:40 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mr. Capin

09:50:44 on a close vote with Mr. Cohen.

09:50:46 All in favor?

09:50:48 Opposed?

09:50:48 The Ayes have it unanimously.

09:50:50 Finance Committee, Mr. Cohen.

09:50:51 >>HARRY COHEN: Move items 27, 28 and 29.

09:50:54 >> Second.

09:50:57 >>CHARLIE MIRANDA: I have a second by Mr. Reddick.

09:50:58 Further discussion of that motion?

09:51:00 Please indicate by saying Aye.

09:51:03 Opposed, nay.

09:51:03 The ayes have it unanimously.




09:51:04 Building, Zoning and Preservation Committee, Ms. Montelione.

09:51:07 >>LISA MONTELIONE: I move items 30 through had 4th 1

09:51:13 and that includes a discussion of item number 37 under staff

09:51:17 reports.

09:51:35 All in favor of the motion?

09:51:37 Opposed?

09:51:38 The Ayes have it unanimously.

09:51:41 Transportation committee, Yolie Capin.

09:51:48 >> I move item 42.

09:52:05 >> Second.

09:52:09 >> All in favor of the motion please indicate by saying Aye.

09:52:12 Opposed, nay.

09:52:14 The Ayes have it unanimously.

09:52:17 I need a motion for items 43 through 46.

09:52:21 >> Move items 43 through 46.

09:52:24 >> Second.

09:52:30 >>CHARLIE MIRANDA: All in favor?

09:52:31 Opposed?

09:52:31 The Ayes have it unanimously.

09:52:32 We go to public hearings at 9:30.

09:52:43 Items 47 through 48.

09:52:45 I need to open 47 and 48, non-quasi-judicial.

09:52:50 I have a motion and seconded by Mr. Suarez.

09:52:56 Motion by Mrs. Montelione.

09:52:57 All in favor?




09:52:58 The Ayes have it unanimously.

09:53:00 Mrs. Capin, would you kindly take number 47?

09:53:02 >> An ordinance presented for second reading and adoption,

09:53:12 an ordinance of the city of Tampa, Florida making revisions

09:53:15 in the City of Tampa code of ordinances chapter 5, building

09:53:18 code, amending section 5-116-1, numbering of buildings,

09:53:24 repealing all ordinances or parts of ordinances in conflict

09:53:28 therewith, providing for severability, providing an

09:53:30 effective date.

09:53:31 >> Second.

09:53:35 >>CHARLIE MIRANDA: Does anyone in the audience care to speak

09:53:36 on item 47?

09:53:38 47?

09:53:39 I see no one.

09:53:45 I need a motion to close.

09:53:46 Motion by Mr. Reddick, second by Mrs. Capin.

09:53:49 All in favor?

09:53:50 Opposed?

09:53:50 The Ayes have it unanimously.

09:53:52 I do have a motion on the floor by Ms. Capin.

09:53:57 All in favor of the motion.

09:53:58 Roll call vote.

09:54:00 Vote and record.

09:54:00 >>THE CLERK: Motion carried unanimously.

09:54:08 >> Item 48.




09:54:12 It's open.

09:54:13 Anyone in the audience care to speak on item 48?

09:54:16 I see no one.

09:54:17 >> Move to close.

09:54:19 >>CHARLIE MIRANDA: Motion to close by Mrs. Capin, second by

09:54:21 Mr. Suarez.

09:54:21 All in favor of the motion please indicate by saying Aye.

09:54:24 Opposed, nay.

09:54:25 The Ayes have it unanimously.

09:54:26 Mr. Reddick, would you kindly take item number 48?

09:54:30 >>FRANK REDDICK: Move an ordinance being presented for

09:54:33 second reading and adoption, an ordinance of the city of

09:54:36 Tampa, Florida, City of Tampa code, chapter 2, article 8,

09:54:40 City of Tampa ethics code, division 2, subdivision V,

09:54:47 section 2-525, standards of conduct and accountability

09:54:51 requirements for non-profits, provide providing financial

09:54:55 support by the city, amending the definition of financial

09:54:57 support, providing for certain exceptions, providing for

09:55:00 change in reporting date, providing for severability,

09:55:05 repealing conflicts, providing an effective date.

09:55:08 >>CHARLIE MIRANDA: I have a second by Mrs. Mulhern on item

09:55:10 48.

09:55:11 All in favor of the motion?

09:55:15 Vote and record.

09:55:15 >>THE CLERK: Motion carried unanimously.




09:55:22 >>MARY MULHERN: Mr. Chairman --

09:55:54 >>CHARLIE MIRANDA: We are about eight minutes ahead on the

09:55:56 10:00 public hearings.

09:55:57 We can go back to 37.

09:55:59 >>LISA MONTELIONE: Thank you.

09:56:13 There were a few questions that I had about item number 37

09:56:15 and it being as was stated on the addenda, that it was

09:56:21 removed from the agenda item, and this again has to do with

09:56:27 a lot of process.

09:56:32 Inconsistency of procedure.

09:56:36 The contract that was provided to us as backup for the item

09:56:41 under section 5, letter A, proffer and acceptance.

09:56:52 The contract states, this had is a conditional offer subject

09:56:55 to acceptance by the City Council of the purchaser by formal

09:57:00 resolution and the City of Tampa's CRA board.

09:57:05 It doesn't say "or" City of Tampa CRA board.

09:57:10 It says "and."

09:57:12 The way this contract is written, this contract must be

09:57:16 ratified by Tampa City Council or it's invalid.

09:57:19 So it's definitely a decision that the CRA needs to discuss

09:57:33 when we sit as CRA next time, and it's a matter that I will

09:57:38 bring up then when we meet next as a CRA board, because I

09:57:48 met with Mr. Territo yesterday very late at night.

09:57:52 I never did hear from Mr. Johnson.

09:57:54 I did put a call in to him, left a message on his cell




09:57:58 phone.

09:57:59 I never did hear back from him.

09:58:00 He was unavailable.

09:58:04 I also spoke to our city attorney, Mr. Shimberg, about this,

09:58:13 and part of that discussion was that the CRA is able to own

09:58:17 property, and that the City of Tampa could assign property

09:58:22 to the CRA or assign the contract, but without approval of

09:58:26 this contract by the City of Tampa, by the City Council,

09:58:29 there is nothing for them to assign.

09:58:32 So that was one of the issues that I had.

09:58:37 The other is that the resolution as presented states, a

09:58:42 resolution authorizing and approving the purchase by the

09:58:44 City of Tampa from linear capital LLC, real property located

09:58:51 at north 22nd street, Tampa, Florida, for $65,000.

09:58:56 $65,000 payable from East Tampa CRA.

09:59:00 2009.

09:59:02 Which we know $65,000 was not approved by the CRA.

09:59:07 Only a portion of that was approved by the CRA.

09:59:11 So this was going to appear on the addenda, and would have

09:59:17 to be, in my mind -- the only reason for it to appear on the

09:59:21 addenda would be that this resolution was incorrect.

09:59:29 That $65 is not coming from the East Tampa CRA.

09:59:32 So that's another inconsistency I found.

09:59:36 The idea that this would be pulled from Tampa City Council's

09:59:42 calendar, as an item, without discussion, is very disturbing




09:59:47 to me, because if this were not discussed here, only

09:59:52 discussed at the CRA, the resolution, I guess, would not

10:00:00 occur from Tampa City Council, making the statement on the

10:00:06 resolution at this point, but it also brings up who signs

10:00:12 this contract.

10:00:12 This contract as written has one signature line for the

10:00:17 seller, and one signature line for the purchaser, and the

10:00:20 purchaser here is Bay to Bay of Tampa, Bob Buckhorn, mayor.

10:00:27 So by what authority would the mayor be able to sign this

10:00:29 contract if it didn't come before Tampa City Council?

10:00:37 On many levels how this purchase is moving through our

10:00:40 process is very concerning to me, not only because I didn't

10:00:50 support the purchase of this property but because of the

10:00:52 process by which this property is moving through our system.

10:01:02 It was also part of the discussion can the CRA own property.

10:01:06 So it looks on the Hillsborough County property appraiser

10:01:09 tax roll, and the CRA, the research that I was able to do,

10:01:13 doesn't own any property.

10:01:14 The only CRA I found on the tax rolls of Hillsborough County

10:01:17 that is owned by CRA property.

10:01:20 Whether or not CRA has purchased property and assigned it to

10:01:24 the city or CRA has ever purchased property and sold it to

10:01:27 someone else since established back in the 80s, I don't

10:01:32 know but currently CRA does not own any property, and why

10:01:34 this property would not come through the City of Tampa,




10:01:36 would not be approved by City Council, but be purchased and

10:01:41 owned solely on the basis of the CRA is concerning to me

10:01:45 because it would be setting a precedent, and to my knowledge

10:01:49 in the research I have been able to do has not been done

10:01:52 before.

10:01:59 So it would be a cleaner process if we followed the same

10:02:03 rules, the piece of property for every other piece of

10:02:08 property and that we establish what those processes are and

10:02:11 stick to that process.

10:02:13 It cleaner, it's clearer, it provides the public and the

10:02:20 council to review each and every sale and take each and

10:02:24 every sale specifically.

10:02:28 And something said earlier about not having a line item in

10:02:31 the budget and the budget was approved and therefore this do

10:02:35 whatever line items appear in the budget are hereby

10:02:37 approved.

10:02:38 Well, I don't follow that train of thought either.

10:02:42 The fact that this process seemingly changed without any of

10:02:53 us discussing it is of concern to me.

10:02:56 >>CHARLIE MIRANDA: Ms. Mulhern?

10:02:57 >>MARY MULHERN: Yes, I just wanted to -- you are opening up

10:03:02 a lost other questions, so I want to support whatever you

10:03:05 want us to do.

10:03:06 Do you want us to put this on the agenda at our next CRA

10:03:11 meeting?




10:03:12 I'm not -- I think all your questions need to be addressed.

10:03:19 Are you looking for them to be addressed now?

10:03:22 >>LISA MONTELIONE: Well, I think we need time to look at

10:03:25 and have staff address.

10:03:28 As I said, I was only able to get ahold of Mr. Territo

10:03:31 yesterday who graciously, after a very long negotiating

10:03:35 meeting, over at the county, was kind enough and generous of

10:03:39 his time to sit with me till nearly 7:00 last night to

10:03:44 discuss this.

10:03:44 But I think that further discussion needs to be had with

10:03:49 staff, and yes, I would like to continue this item, allowing

10:03:56 us as a CRA to discuss the process and procedure, and who is

10:04:00 actually going to own this property, I think, would be a

10:04:05 salient discussion for us to have.

10:04:06 >>MARY MULHERN: Did you want to do that on February

10:04:11 9th?

10:04:12 >>LISA MONTELIONE: February 9th at 9 a.m. works for me.

10:04:16 >>MARY MULHERN: I'll second that.

10:04:19 >>SAL TERRITO: Legal.

10:04:21 Let me try to give some background on this as well.

10:04:25 This process, the resolution started through the process

10:04:27 back in the first week of January before the CRA took it up,

10:04:31 and decided it was going to use CRA funding so that 56,000

10:04:38 is in error.

10:04:39 If you made a decision it would have to be for 37,000 so




10:04:44 would you be accepting the resolution with the amendment --

10:04:47 I'm sorry, $37,000, city money, not CRA money.

10:04:52 The CRA has already approved the sale last week.

10:04:55 The CRA has already approved the use of $28,000 of CRA

10:04:59 money.

10:05:01 The $65,000 is a difference, that was an error that should

10:05:05 have been caught before it got this far but it's worked its

10:05:08 way through the system before the CRA took up that action.

10:05:10 So if you were to approve this today, you would have to make

10:05:13 the approval for $37 the thousand of city funds, not $65,000

10:05:18 of CRA funds.

10:05:20 So it would be 37, 28.

10:05:25 If you don't go forward we'll make the correction before it

10:05:27 comes back to you.

10:05:30 >> But ace understand our process, the request from the

10:05:33 administration for allocation of $37,000 would have to be an

10:05:38 independent item.

10:05:39 Usually we have two items on our agenda.

10:05:41 One relation to the actual documentation and contractual

10:05:46 arrangement, and a second item that moves money as we

10:05:49 discussed earlier on a different item.

10:05:53 The second item would then be allocating the funds from one

10:05:56 account to another.

10:05:57 And as far as -- in the discussion that we have been able to

10:06:01 have, I don't know that the administration has identified




10:06:04 where that $37,000 is coming from.

10:06:06 >> To answer that question, that is true, unless the money

10:06:09 is already in the budget for that item.

10:06:11 The money is in the budget for that.

10:06:14 Council approved that budget including money for

10:06:16 acquisition.

10:06:17 So it's already in the budget.

10:06:18 So it's not necessary to come back and move money because

10:06:21 the money is already in the budget.

10:06:22 Under most circumstances you have to move money into that

10:06:25 budget if it weren't there already.

10:06:27 >> How is the money in the budget for $37,000 when it was

10:06:30 just decided at a CRA meeting to allocate 37?

10:06:34 >> The money was in the budget to cover acquisition.

10:06:38 >>LISA MONTELIONE: Blanket.

10:06:40 >> Yes, because you have to build a project of roads, you

10:06:44 have to acquire property.

10:06:45 So there should be a line item to cover acquisition.

10:06:48 If the money needs to be moved to cover that, then you need

10:06:51 another resolution, since the money is there already it's

10:06:54 not necessary to have a resolution.

10:06:55 Since council already approved whatever this $7 million

10:06:59 project including acquisition.

10:07:00 >> I guess I understood from a discussion and questions that

10:07:03 Councilman Suarez had that Mr. Corrada was identifying where




10:07:10 the city was come up with the 37, if I remember that

10:07:12 discussion, it was a question that he asked.

10:07:17 >>MIKE SUAREZ: I asked where that money was going to come

10:07:20 from, and he said he was going to provide that to us, at

10:07:23 that time, if I recall correctly.

10:07:25 >>LISA MONTELIONE: I know that it came up.

10:07:30 So, anyway --

10:07:34 >>SAL TERRITO: The two options you have, if the City Council

10:07:38 was approve it, approve that dollar amount, if 37,000 was

10:07:42 coming from the city.

10:07:43 We would write you the corrected resolution.

10:07:51 >>CHARLIE MIRANDA: There's a motion on the floor.

10:07:53 Mr. Reddick?

10:07:54 >>FRANK REDDICK: Well, I am not going to support the motion

10:07:58 for this reason.

10:08:04 We have at the last CRA meeting, we voted, it was not

10:08:08 unanimous, but we voted to accept $28,000 from the CRA

10:08:15 board.

10:08:25 I had concern about as far as the resolution today, but I am

10:08:29 not inclined as the chair to go back, rehash this again,

10:08:34 through the CRA.

10:08:35 Now, we can retain this for next week so they can clear this

10:08:39 up, put $37,000 in there, and we vote on it.

10:08:43 But I'm not inclined to have discussion about this again on

10:08:51 CRA just to prolong this.




10:08:52 >>MIKE SUAREZ: I want to make sure that we are clear about

10:08:58 what we are talking about, because Mrs. Montelione came up

10:09:01 with a lost different things.

10:09:03 There's about four, five different things in there.

10:09:06 The first thing, I am going to deal with the addenda first.

10:09:11 On the addenda -- I may be incorrect about this, but this

10:09:14 has always been my understanding -- that the addenda comes

10:09:16 to us -- and I agree with you in terms of it being available

10:09:21 publicly because a lot of times like myself you are away

10:09:23 from the office, love to be able to get online and see the

10:09:26 addenda as opposed to getting an e-mail for it so the public

10:09:29 can have access to it, too.

10:09:33 In terms of the addenda, that request to remove it for a

10:09:39 mistake -- and I am not sure what the mistake was.

10:09:41 I don't think any of us do -- is something that can be asked

10:09:45 for and then, you know, the chair will a approve to allow it

10:09:51 on the addenda.

10:09:52 That still is not necessarily meaning that they know that we

10:09:56 are not going to have it removed from the agenda.

10:10:01 In my mind, I don't see any problem with that part of the

10:10:05 process.

10:10:05 I think that when some things happen, especially when it

10:10:09 comes to zoning issues, when things have not been done

10:10:12 properly or noticed properly, that put it on the addenda, we

10:10:17 can't take this up for various different reasons, I don't




10:10:20 think that that's a problem per se.

10:10:22 On the second issue that you brought up, about ownership,

10:10:28 I'm not sure -- and I think you pointed out that the

10:10:31 CRAs -- that there's only one CRA that owns a piece of

10:10:35 property that is in Plant City.

10:10:36 I think you had mentioned that.

10:10:38 I think for practical purpose, and maybe Mr. Territo can

10:10:42 answer this, I'm not sure if the legislation specifically

10:10:45 says that, that CRAs do not own it, or only in special

10:10:50 circumstances.

10:10:50 Is there anything in there concerning that portion of it?

10:10:53 >> CRAs can own property, and there are several advantages

10:10:56 to CRA zoning property and the CRA can own mortgaged

10:11:01 property which the city cannot, so and we discussed this

10:11:04 last night, there were no properties owned by the CRA now,

10:11:07 but I don't know the answer, if back in '83 to the present

10:11:11 if it owned property but it certainly can under the statute,

10:11:15 gives them broad discretion.

10:11:17 >>MIKE SUAREZ: And there is no particular reason why our

10:11:19 CRAs do not own any property, correct?

10:11:22 Has there been a history from the city in terms of there is,

10:11:27 I don't know, maybe a problem financially or some other

10:11:29 reason why we do not allow CRAs to own land?

10:11:33 >> What happened is there was a question on using eminent

10:11:37 domain, for example, for CRA.




10:11:40 The CRA in its bylaws has more restrictions on the use of

10:11:44 eminent domain so that was one reason why the city would

10:11:51 normally own properties if it was involving CRA funding.

10:11:54 The way we address that was if CRA funding is being used,

10:12:00 CRA has to approve that funding.

10:12:02 Then it would come back to City Council to actually make the

10:12:04 purchase.

10:12:05 And if it is a blend of money, which this particular case

10:12:08 is, the CRA in this case did approve the contract, did

10:12:11 approve the use of $28,000, then we have a $37,000

10:12:16 shortfall.

10:12:16 >> And so for practical purposes is the reason why the city

10:12:21 typically owns it because of eminent -- eminent domains

10:12:25 proceedings, is easier, more broad, they have a little more

10:12:27 power, in eminent domain cases.

10:12:30 The third issue that you brought up, you know, concerning

10:12:34 CRAs role and then to the city, we discussed this before,

10:12:40 in other CRA meetings, which is -- and I follow what his

10:12:45 reason is, Mr. Territo's, which is the project has been

10:12:48 approved, and I agree with Mr. Reddick, I don't think your

10:12:52 motion specifically went to the project.

10:12:54 I think your motion, if I am not mistaken, was to process,

10:13:00 and correct me if I am wrong, that once we have decided as a

10:13:04 CRA board to move forward, that contract, and especially in

10:13:09 this because we have a mixed contract, is we approve that




10:13:14 contract for the city to take over and do the project,

10:13:17 whatever that may be.

10:13:20 We see it with developers, and we move the money for the

10:13:22 Waterworks Park from money that was earmarked for a

10:13:26 developer to build the park, we moved it for the city to

10:13:29 develop the park.

10:13:30 So our role at that point is to make sure that the marriage

10:13:36 between the city and the CRA is complete, meaning we are

10:13:39 going to approve a contract that we as a board have already

10:13:44 approved, as a CRA.

10:13:47 There may be times where we do not have that happen based on

10:13:50 the different circumstances, but nonetheless, I think that's

10:13:53 part of the process.

10:13:54 And Mr. Territo, if you could go to that point, which is our

10:14:00 CRA process typically is, because we don't own property, we

10:14:03 typically approve projects that are either built by the city

10:14:06 or built by a private developer based on the moneys that we

10:14:10 have available for that particular project.

10:14:13 Is that correct?

10:14:13 >> That's correct.

10:14:14 >> I'm not sure -- I wasn't following your reasoning on the

10:14:20 process.

10:14:20 And I didn't understand it.

10:14:22 And I just want to make some clarification from you in terms

10:14:25 of the motion, so that I understand what that motion is




10:14:28 before I make a decision than whether to support it or not.

10:14:31 And maybe I missed something.

10:14:32 I'm not sure if I did or I didn't.

10:14:34 >> Any other council member?

10:14:37 Ms. Capin?

10:14:38 >> I did follow the "and" part of it instead of "or."

10:14:45 That's a very important word in a contract.

10:14:49 So I understood it was the process, not the project.

10:14:53 That's the way I understood it.

10:14:56 So clarifying.

10:14:57 >> Any further discussion?

10:15:01 >> Anybody else before I --

10:15:04 >>CHARLIE MIRANDA: Mr. Cohen?

10:15:05 >>HARRY COHEN: I tended to think that it was about the

10:15:08 process as well, and that that would mean that we would not

10:15:12 take it up again as a CRA but would continue it for a week

10:15:15 in order to get clarification on the contract, in the City

10:15:19 Council.

10:15:19 That's what I understood the motion.

10:15:21 >> Thank you.

10:15:23 >> Mrs. Montelione?

10:15:28 >>LISA MONTELIONE: Thank you.

10:15:29 >> Thank you.

10:15:32 You know I wanted to speak to this.

10:15:33 >>CHARLIE MIRANDA: I almost sensed it.




10:15:34 >>LISA MONTELIONE: That's right.

10:15:39 It is about how this contract is written.

10:15:44 It's about the process by which we followed, this board has

10:15:52 followed and the previous one followed, but when it comes

10:15:54 before the CRA it gets voted on, gets moved forward to City

10:15:57 Council's agenda, City Council votes on it.

10:16:00 We have to, as a City Council, authorize the mayor to sign

10:16:04 this contract and own the property.

10:16:08 The way the deed will be drawn up, the title company draws

10:16:12 up the deed based on what the contract says.

10:16:14 This contract says the City of Tampa is going to own this

10:16:16 property.

10:16:17 The City of Tampa can't own the property unless City Council

10:16:19 approves the mayor to sign that contract and all the

10:16:22 property.

10:16:24 And my issue with the addenda --

10:16:32 >>CHARLIE MIRANDA: Let her finish, please.

10:16:34 >>LISA MONTELIONE: I was really tempted to interrupt you

10:16:37 but I didn't.

10:16:42 The item on the addenda says that, it says remove from the

10:16:49 agenda the item was submitted in error, not that it was a

10:16:54 substitution, that it was never going to appear on City

10:17:01 Council's agenda, that it should not have been submitted to

10:17:04 City Council's agenda.

10:17:07 And at some point, this contract, like it or not, has to




10:17:11 come before City Council, and has to come through the same

10:17:16 process that every other property has always come through,

10:17:20 same process, and that's my issue.

10:17:27 And we are being asked now, that I pointed out the

10:17:33 inconsistencies with the contract, and that, oh, well, if

10:17:36 you are going to a profit then you have to change -- we

10:17:39 don't have to change the city contract, that it's very

10:17:44 detail oriented, and I would like to have the actual black

10:17:46 and white contract part of me before I approve something.

10:17:50 So moving this item, continuing it to February 9th,

10:17:56 having the ability to have the actual clarified, real

10:18:01 corrected resolution, and the corrected dollar amount, the

10:18:09 preamble to this resolution having everything correct in

10:18:12 front of us before we vote on it, I think is very important.

10:18:18 >>CHARLIE MIRANDA: Mr. Suarez, then Ms. Mulhern.

10:18:20 >>MIKE SUAREZ: I am not going to speak on that issue.

10:18:23 I think she explained what she was going to say.

10:18:25 Thank you.

10:18:27 >>CHARLIE MIRANDA: Ms. Mulhern.

10:18:28 >>MARY MULHERN: Then I want to support whatever you are

10:18:30 recommending as far as when they need to come back with an

10:18:33 actual contract for us to pass a resolution.

10:18:38 So I had suggested, which is a CRA meeting.

10:18:44 Is that what you want to do?

10:18:46 Or you want to do the council meeting on the 2nd?




10:18:48 Do you want to change your motion?

10:18:49 >>LISA MONTELIONE: I'm sorry, I didn't look at the calendar

10:18:52 when you said the 9th.

10:18:54 February 2nd, our next City Council session.

10:18:59 >>CHARLIE MIRANDA: Let me stop --

10:19:03 >>SAL TERRITO: The contract is correct. It's the resolution

10:19:05 that needs to be amended.

10:19:06 So we are not amending the contract.

10:19:08 The resolution has to be corrected.

10:19:10 >>CHARLIE MIRANDA: I understand that.

10:19:12 Let me say this.

10:19:13 I have sat here, as most of us and listened very quietly to

10:19:18 all the discussions.

10:19:21 And we have a meeting on Tuesdays.

10:19:25 And this was brought up during a meeting of staff between

10:19:29 two attorneys that are sitting in this room now.

10:19:33 At that time, there was a split decision.

10:19:36 There were no winners.

10:19:37 There was a draw.

10:19:39 One on one side, one on the other side.

10:19:41 So I took it upon myself to remove it from the agenda,

10:19:46 because what's discussed today is what bothered me, in part.

10:19:50 I wasn't that smart to say all of it I knew but I knew the

10:19:55 $65,000 because they had offered to spend 28,000 and there

10:19:59 was a balance of 37,000, and that was is what the resolution




10:20:04 says, in my opinion it was going to come back at a later

10:20:09 date when it was corrected. So I sat here now very quietly

10:20:12 looking and assuming what I removed from the agenda because

10:20:17 I knew that the conversation was on a 4-3 vote is always

10:20:22 going to be discussed to another 4-3 vote, in most parts.

10:20:26 Sometimes it may change to 5-2, and sometimes a 3-3 vote

10:20:31 becomes a 6-1.

10:20:34 So what I'm saying is, in these times that we have to get

10:20:39 things done, this is not the administration.

10:20:41 If anyone is at fault, it's me.

10:20:44 I never spoke to the mayor.

10:20:45 I never spoke to our own attorney here.

10:20:49 Did I speak to you, sir?

10:20:50 Did I speak to you, sir?

10:20:54 The city attorney.

10:20:55 So what I did was on my own.

10:20:57 I did it because I knew the conversation would come up.

10:21:00 I knew it would be lengthy.

10:21:01 I tried to get the council out of that so when it came back

10:21:04 it was clean.

10:21:05 Evidently I didn't do the right thing.

10:21:12 Maybe I did, maybe I didn't.

10:21:13 But I did the best I could from the information before me

10:21:16 because neither one of the attorneys could agree one way or

10:21:18 the other.




10:21:18 So that's what I did.

10:21:19 And was it going to come up, in my opinion it would come up

10:21:24 for the various reasons that were stated this morning.

10:21:25 I just want to say the time -- save the time on the agenda

10:21:29 for other things, also.

10:21:30 So there's where we are at.

10:21:32 I do have a motion on the floor.

10:21:33 Would you restate the motion?

10:21:35 It was so long ago I have forgotten.

10:21:37 >>LISA MONTELIONE: The motion is to continue this item to

10:21:39 our February 2nd meeting of Tampa City Council at

10:21:42 9:00 a.m.

10:21:43 >>CHARLIE MIRANDA: I have a motion by Ms. Montelione, second

10:21:46 by Ms. Mulhern.

10:21:48 All in favor of the motion please indicate by saying aye.

10:21:51 Opposed, nay.

10:21:52 The Ayes have it unanimously.

10:21:54 All right.

10:21:59 Item 37 is taken care of.

10:22:00 I believe we are on item 49, which is public hearing.

10:22:04 Am I correct?

10:22:09 So we are on 49.

10:22:11 >>JULIA COLE: Legal department.

10:22:14 Item 49 is for a public hearing on a Florida statute 163,

10:22:20 development agreement.




10:22:20 You will not be approving that agreement today, but you are

10:22:26 required to notice public hearings before the approval of

10:22:29 development order under that statute.

10:22:32 The item which is the subject of this development agreement

10:22:35 was a previously approved rezoning which provided

10:22:38 opportunity for the property owner to receive bonus density,

10:22:43 pursuant to our code, you are also required to codify those

10:22:51 provisions within a 163 development agreement, and that's

10:22:55 what's in front of today.

10:22:56 The provisions of that agreement are in essence a statement

10:22:58 of the provisions that are within the zoning approval, and

10:23:03 on that zoning site plan.

10:23:05 The only thing that the does in addition, sets out what the

10:23:09 remedies are, in fact if the developer does not comply with

10:23:12 the requirements of the zoning or of the development

10:23:15 agreement.

10:23:15 I'm available for questions.

10:23:17 As I said, this is your first public hearing on this, and at

10:23:23 the second public hearing you will be asked to take action.

10:23:26 >>CHARLIE MIRANDA: I need a motion to open both.

10:23:30 >> So moved.

10:23:31 >> Motion by Mr. Suarez, second by Mr. Reddick.

10:23:34 All in favor?

10:23:35 The Ayes have it open unanimously.

10:23:38 49 is open.




10:23:39 Anyone in the public who cares to speak on item 49.

10:23:43 Would you briefly -- Julia Cole, you spoke before the

10:23:47 hearing was open.

10:23:48 >>JULIA COLE: Legal department.

10:23:51 This is a first public hearing on a Florida statute 163

10:23:55 development agreement for statutes, you need to have two

10:23:58 public hearings.

10:24:00 Opposing attorney will not take any action.

10:24:02 Action will be taken after the second public hearing.

10:24:04 Thank you.

10:24:06 >>CHARLIE MIRANDA: So on 49 all we have to do is receive and

10:24:08 file?

10:24:10 I have a motion to receive and filing by Mr. Reddick,

10:24:14 seconded by Mr. Cohen.

10:24:15 All in favor?

10:24:17 Opposed?

10:24:17 The Ayes have it unanimously.

10:24:21 Now, staff reports.

10:24:22 >>JULIA COLE: If I could also announce the date for the

10:24:26 second public hearing.

10:24:30 >>CHARLIE MIRANDA: It will be February the 2nd of 2012

10:24:33 at 9:30.

10:24:34 Clerk, would you put that in the record?

10:24:36 >>THE CLERK: Yes.

10:24:43 >>CHARLIE MIRANDA: These are time certain staff reports and




10:24:46 unfinished business, item 50 through 60.

10:24:49 Item 50, resolution which is very needed.

10:25:08 >>MARTIN SHELBY: You don't have to read it.

10:25:10 >>FRANK REDDICK: Move the resolution.

10:25:11 >>HARRY COHEN: Second.

10:25:13 >>CHARLIE MIRANDA: All in favor of number 50?

10:25:16 The Ayes have it unanimously.

10:25:17 Item 51.

10:25:21 It's a workshop on the seal of the City of Tampa.

10:25:25 Ms. Mulhern, can you take item 51?

10:25:30 We can just pass them all really if you want to do that.

10:25:33 We'll go 51.

10:25:34 >>MARY MULHERN: I move item 51.

10:25:40 >>YVONNE CAPIN: Second.

10:25:40 >>CHARLIE MIRANDA: All in favor of the motion?

10:25:42 Opposed?

10:25:42 The Ayes have it unanimously.

10:25:45 Item a 52.

10:25:47 To appear and provide a report and recommendation,

10:25:51 transportation committee.

10:25:51 >>MARTIN SHELBY: That's been continued.

10:25:55 >>HARRY COHEN: We continued that.

10:26:00 >>CHARLIE MIRANDA: Yes, sorry.

10:26:01 >> Oh.

10:26:08 >>CHARLIE MIRANDA: Item 53.




10:26:09 >>REBECCA KERT: Legal department.

10:26:10 I'm here on a request from City Council to the legal

10:26:12 department to appear and provide a report regarding the

10:26:16 opening of strip clubs, one on Martin Luther King Boulevard

10:26:22 in East Tampa with a special note for the legal department

10:26:24 to conduct an investigation to determine if and how permits

10:26:28 were obtained to operate the strip clubs.

10:26:31 We did contact, Councilman Reddick's office, to get more

10:26:34 details as to exactly which locations this motion was in

10:26:39 reference to.

10:26:40 Based upon that, I had a meeting with Land Development Code,

10:26:44 the entity that would issue any special use permits for an

10:26:47 adult use permit, as well as the three captains of TPD

10:26:51 including the two district captains.

10:26:53 Based upon that we were able to ascertain that no adult use

10:26:56 permits have in fact been issued for these locations.

10:27:01 We actually don't use in the code the term strip club.

10:27:06 But regardless there everybody no adult uses for either of

10:27:11 these locations.

10:27:12 We have not done a formal survey upon reviewing what is

10:27:15 currently in place.

10:27:16 It appears that neither location is currently available,

10:27:20 would be currently able to apply and receive an adult use

10:27:23 permit at either of those locations.

10:27:26 Both of these locations do have alcoholic beverage permits.




10:27:30 The one on MLK has a full liquor license.

10:27:33 The one -- the one on Hillsborough has a full liquor

10:27:38 license.

10:27:38 The one on MLK has a 2(COP-R) which means it's limited to

10:27:42 beer and wine and use with a restaurant only.

10:27:45 I have been advised that location is currently closed,

10:27:47 although they are in the process of reopening.

10:27:50 They have been in contact with land development staff who

10:27:53 notified them they are only allowed beer and wine and that

10:27:56 it has to be in conjunction with a restaurant use, and the

10:27:59 applicant has been made aware of that.

10:28:01 As far as TPD, TPD has been monitoring these locations.

10:28:07 Thus far they have not identified any violations of our

10:28:10 adult use code.

10:28:10 However, they are very aware of that, and they have advised

10:28:13 me that they are continuing to monitor these specific

10:28:16 locations.

10:28:17 >> Okay.

10:28:17 So TPD has been aware that they are monitoring it.

10:28:24 If I remember what you said, the criteria, they wanted a

10:28:27 4(COP), or they can't --

10:28:30 >> Well, they both have full beverage permits.

10:28:34 One of them is a full liquor establishment.

10:28:36 One has to operate as a restaurant with beer and wine only.

10:28:39 Regardless it appears from the information we have right in




10:28:41 and out that they would not be eligible for a strip club, as

10:28:45 we call it, a special cabaret, adult use license if they

10:28:50 were to apply, which they have not.

10:28:53 >>CHARLIE MIRANDA: Mr. Reddick?

10:28:55 >>FRANK REDDICK: That brings to my attention that the one

10:28:57 on Hillsborough, they are currently advertising and

10:29:04 operating as a strip club.

10:29:07 They got messages all over the wall that say dancers are

10:29:12 need.

10:29:12 >> You have to have additional steps which I would be happy

10:29:20 to bring you on individually.

10:29:26 That being said, TPD has monitored the location, and as our

10:29:30 recent conversation with them, it does not appear -- they

10:29:33 have not witnessed up to this point what they believe to be

10:29:35 a violation of our code.

10:29:41 The advertising, certainly they have told me they will

10:29:43 continue to monitor this establishment to make sure that it

10:29:45 does not end up violating --

10:29:48 >> So when I pass by that establishment and I see a woman

10:29:52 standing at the front door, dancing like someone you see at

10:29:56 Joe Redner's clubs, dressed like one of those people, you

10:29:59 are telling me that's not a cabaret or whatever you call it?

10:30:04 >> Councilman Reddick, I am more than happy to have a

10:30:07 detailed discussion of what you witnessed, perhaps not at

10:30:10 this current time, but it is very fact specific.




10:30:12 >>FRANK REDDICK: All right.

10:30:14 >>REBECCA KERT: So I can't answer that based upon the

10:30:17 information that I have.

10:30:19 >>CHARLIE MIRANDA: Any other council members?

10:30:20 All right.

10:30:20 >>MARY MULHERN: It was getting interesting.

10:30:27 >>CHARLIE MIRANDA: Some interesting, I'm glad we got off the

10:30:29 subject.

10:30:31 All right.

10:30:31 Item number 54, the legal department to appear for a status

10:30:38 report.

10:30:38 >> Maurice Rodriguez to appear and provide an update on what

10:30:47 the legal department did on making changes to the ordinance

10:30:52 prior to the Republican national convention.

10:30:55 We have continued to meet with various city departments

10:30:58 including TPD, parks and rec, code enforcement, and

10:31:01 transportation, to gather their concerns and their issues,

10:31:04 so we can address that.

10:31:07 We have also had discussions with representatives from other

10:31:10 municipalities, including St. Paul, who had conventions in

10:31:17 the past, and we continue to work through to see what may or

10:31:22 may not work for the city.

10:31:26 And I want to anticipate the question.

10:31:28 And I think we are going to present an ordinance revision to

10:31:33 you for your review, possibly within 45 to 60 days, and I




10:31:37 would welcome the opportunity to meet with all of you

10:31:40 individually to discuss any concerns you have once we do

10:31:44 have a draft in progress.

10:31:46 >>MARY MULHERN: Thank you, Mr. Chairman.

10:31:52 Mr. Rhode who spoke during public comment about our

10:31:57 ordinances had a couple of, I think, very good questions

10:32:00 that I would like you to address when you come back, and if

10:32:03 you can address either of these right now. One was about

10:32:07 defining an obstruction.

10:32:11 I think that needs to be discussed with us, and included.

10:32:18 And the other point he made was the prohibition against

10:32:25 planting items on sidewalk.

10:32:27 Do we have that right now?

10:32:29 Is that written in there?

10:32:31 Is there something that says you cannot place an item on the

10:32:35 sidewalk?

10:32:37 >> There is some language in there, but Mr. Rhode has spoken

10:32:41 several times before City Council and we have been lag into

10:32:43 making clarifications in the code to address his concerns,

10:32:47 and make it clearer to the public and also the police

10:32:50 officers.

10:32:51 I would be more than happy to bring our recommended

10:32:53 positions back to you.

10:32:54 >> Okay.

10:32:55 I think both of those need to be really clarified and




10:32:59 explored and discussed with council.

10:33:02 And then, now, the third item had to do with keeping the

10:33:06 parks open overnight.

10:33:08 I don't think -- I think you need to address that.

10:33:11 >> At this time, if it is anything they administration would

10:33:22 like to pursue.

10:33:23 >>MARY MULHERN: Okay, thanks.

10:33:29 >>YVONNE CAPIN: I just want to clarify.

10:33:30 You said temporary ordinance will be brought for the?

10:33:33 >> We are looking at an ordinance similar to what was done

10:33:37 during the Super Bowl, and maybe some permanent changes to

10:33:40 the port right now.

10:33:41 We are exploring all options.

10:33:43 When we come back to you, it could be a mix of one or the

10:33:48 other.

10:33:48 >> 45 to 60 days, the end of February, or mid March?

10:33:54 >> Yes.

10:33:54 I would really like to make it sooner than later.

10:33:58 But trying to address everyone's concern.

10:34:01 I don't want to come forward and rush something that has

10:34:04 been vet -- hadn't been vetted thoroughly.

10:34:09 >>YVONNE CAPIN: I agree sooner would be better, but of

10:34:11 course thorough would the best.

10:34:12 Thank you.

10:34:13 >>LISA MONTELIONE: Thank you, Mr. Chair.




10:34:18 I did read in the paper -- and once again, to echo a comment

10:34:25 that was made earlier, that sometimes the information that

10:34:29 we get is from reading the paper.

10:34:38 I would like you have to speak a bit about the fencing that

10:34:45 was discussed in a newspaper article.

10:34:49 I read, I believe in today's paper.

10:34:51 I get my news after midnight on my personal telephone.

10:34:57 So I understand that there are discussions with Hillsborough

10:35:02 County.

10:35:04 We have been working closely with them, been working -- TPD

10:35:07 has been working closely with the sheriff's office.

10:35:09 And that one of the concerns is egress and -- in and out of

10:35:15 the courts for Hillsborough County, circuit court, civil

10:35:20 court, and also county center, but that this complex, the

10:35:26 municipal office building and our own, we haven't had any

10:35:31 discussion of whether or not our employees will be affected,

10:35:36 Hillsborough County employs will be affected, and federal

10:35:40 courthouse is wondering if they are going to be affected.

10:35:43 So it did mention in the article the one pedestrian bridge

10:35:48 that links the courthouse facilities, didn't mention the

10:35:50 bridge that links the garage.

10:35:59 I still call it the C&S.

10:36:03 The Bank of America building.

10:36:04 And then another pedestrian bridge that traverses a street

10:36:09 overhead.




10:36:10 My concern is also about that one.

10:36:12 I get asked all the time where the boundaries are going to

10:36:15 be set by the Secret Service, which I understand we don't

10:36:18 know yet.

10:36:19 But if you can touch upon some of those commonly asked, you

10:36:23 know, the fact questions, the frequently asked questions

10:36:25 that we get as members.

10:36:29 >>JIM SHIMBERG: City attorney.

10:36:29 Let me try to address some of those questions.

10:36:32 Because I know that a lot of people are asking questions and

10:36:35 they don't seem to have a lot of answers.

10:36:37 At the same time, we have the press who is actively trying

10:36:42 to write articles about this and get a story.

10:36:47 To the best of my knowledge, there are multiple groups and

10:36:50 organizations working on this right now.

10:36:52 The county court system is working on it.

10:36:54 The county itself is working on it.

10:36:57 The federal system.

10:36:58 The city. And a lot of these articles are talking about

10:37:02 speculation, quoting from unnamed sources, things like that.

10:37:05 I don't believe that any final decisions have been made

10:37:07 about anything.

10:37:08 I think there's talk about fencing off certain public

10:37:11 resources.

10:37:12 There's talk about creating a route obviously for people




10:37:17 that want to exercise their first amendment rights to be

10:37:20 able to congregate in and come as close as possible to where

10:37:23 the delegates are going to be in order to meet

10:37:25 Constitutional requirement.

10:37:27 So there's a lot of things going on right now.

10:37:29 And I know that it's frustrating for all of you because your

10:37:32 constituents are out there asking questions, what's going to

10:37:34 happen, are we going to be open, what's the boundaries?

10:37:38 A lot of work is going on, a lot of committees are meeting

10:37:40 right now, and a lot of coordination is going on.

10:37:43 And I will convey back to the people that are heading this

10:37:47 up that it's essential, in my opinion, that once decisions

10:37:53 are made that they be communicate towed guys before you have

10:37:55 to read it in the paper.

10:37:57 Sometimes we get our news from the paper, also.

10:37:59 So I know it's frustrating, but we are working as hard and

10:38:03 diligently as we can to make sure we do it right.

10:38:06 To my knowledge, I read about the county this week and how

10:38:09 they might try to move certain services out.

10:38:11 I think that a lot of businesses that operate downtown,

10:38:14 whether it's public or private, are trying to look at things

10:38:18 like do we want to bring extra people downtown that week or

10:38:22 do we want to give them an alternative to conduct their

10:38:25 business outside of downtown and hopefully in a less

10:38:28 congested format?




10:38:30 Because a lot of people are looking at that right now

10:38:33 whether it's private companies that work downtown as well as

10:38:35 public.

10:38:36 And I know that the press is very anxious to write stories,

10:38:39 and tell everybody what's going on.

10:38:40 And I got a call yesterday from the Charlotte newspaper

10:38:43 asking us what we are doing.

10:38:44 And I told them we are working on it.

10:38:46 They said, okay, thank you.

10:38:49 And Chicago has an event coming up, I guess April or early

10:38:54 May, that they were just going to council yesterday with

10:38:56 some changes.

10:38:58 So we are working on this as diligently as we can and we'll

10:39:02 do our best to be able to brief you guys about this before

10:39:05 you have to read about it in the paper.

10:39:07 Clearly when we do have something that will require council

10:39:10 action, we will get tout as soon as possible with the

10:39:12 opportunity to vet it and comment on it.

10:39:14 And we are building that all into the process.

10:39:16 >>LISA MONTELIONE: Thank you.

10:39:19 I appreciate that.

10:39:20 There is one other thing that I read in the paper, and it

10:39:23 doesn't require a response, but I read that the democrat

10:39:28 being I can national convention in Charlotte has been

10:39:30 shortened from four days to three days.




10:39:33 Two things popped into my mind.

10:39:35 One of the reasons is they are calling the fourth day an

10:39:40 "enjoy the surrounding day -- so boosting the local economy

10:39:45 is great, to have everybody go out and enjoy the surrounding

10:39:48 area for that.

10:39:51 And I was wondering, do they get to keep all the $50 million

10:39:56 by shortening it from four to three?

10:39:59 >> I read that article.

10:40:00 I think what they were mentioning is they were talking about

10:40:03 having large outdoor event, and President Obama accept the

10:40:11 nomination at the out door stadium on the last day, and when

10:40:15 they talk about reducing it, they are still going to have

10:40:18 big events during that first day.

10:40:19 >> Maybe we can get the RNC to promote enjoying city and

10:40:24 going out and exploring all the wonderful things that Tampa

10:40:26 has to offer.

10:40:27 >> I think they are doing that, because a lot of their

10:40:30 meetings are in the evenings, so they are going to be

10:40:33 encouraging their people to do as many things as they can

10:40:36 during the day that they are here.

10:40:37 I think that is underway as well.

10:40:39 I think we definitely don't speak for the committee on

10:40:43 arrangements, but I know they are working very diligently on

10:40:46 that.

10:40:46 >>HARRY COHEN: Mr. Shimberg I wanted to make a comment




10:40:51 specifically to something you said earlier about the fact

10:40:55 that a lot of decisions have not been made yet, particularly

10:40:58 by the federal government in terms of where the exact

10:41:01 security parameter is going to be.

10:41:04 This lack of decisions being made at this point is really

10:41:09 starting to put pressure on particularly the different

10:41:15 participants in the court system.

10:41:18 Trials are scheduled months ahead in advance.

10:41:22 The ability to move major numbers of people to auxiliary

10:41:27 courthouses and satellite locations is something that's

10:41:30 going to take months of planning.

10:41:32 And the longer it goes that these decisions remain unmade,

10:41:36 the more difficulty it will be, for example, for the chief

10:41:39 judge to get permission from the Supreme Court in

10:41:41 Tallahassee to make the kind of necessary arrangements that

10:41:44 he has to make in order to ensure that justice flows

10:41:51 smoothly that week.

10:41:52 So I would suggest to you that you communicate to the people

10:41:54 that the mayor's office is working with from the federal

10:41:57 government that really these decisions need to be made,

10:42:01 because the entities particularly in the court system are

10:42:05 having a very difficult time planning for the future without

10:42:08 knowing exactly what the parameters are going to be.

10:42:10 >> And that's an excellent point, and I know that the

10:42:14 representative of the sheriff's office and the court system




10:42:17 have been in communication with law enforcement and the

10:42:20 Secret Service.

10:42:21 And I think, now, they may know more, but you are absolutely

10:42:27 right, and it takes many months of planning and we'll

10:42:31 definitely convey that message.

10:42:35 >>CHARLIE MIRANDA: Thank you very much.

10:42:36 Any further discussion by council members on that item?

10:42:43 Okay, we move on to item 55.

10:42:55 This is placed under staff reports.

10:42:58 Mr. Spearman or anybody from his office?

10:43:03 >> James Buckner, director of technology and innovation.

10:43:08 What you have in number 55 is a request to approve a

10:43:10 contract between the City of Tampa and Accela incorporated

10:43:15 to provide software and implement a new permitting system

10:43:18 for the city.

10:43:20 As you know, our permitting system is quite old, more than

10:43:27 20 years old, difficult to work with, very hard to complex

10:43:30 the deal with and does not provide the kind of visibility

10:43:33 that we would like to see to our citizens.

10:43:36 Citizens have to make multiple phone calls to find out how

10:43:40 to do permits, how to track the permits through the system.

10:43:44 And what we are proposing here from ACCELA is a new

10:43:49 state-of-the-art permitting system that will allow us to

10:43:51 manage the permitting process better, streamline it better,

10:43:55 and make it more open and visible and accessible to our




10:43:59 citizens, builders and everyone in the community, as well as

10:44:02 our own workforce as they have to deal with these issues

10:44:05 each day.

10:44:06 So basically ACCELA is a leader in the industry, have

10:44:14 implemented this software in many other municipalities and

10:44:19 county governments around the State of Florida, and we feel

10:44:21 that this is a leader in the industry, and we would be

10:44:25 moving in a very forward, positive direction by approving

10:44:29 this contract and putting this system in place.

10:44:34 >>CHARLIE MIRANDA: Any questions by council members at this

10:44:35 time?

10:44:35 >>FRANK REDDICK: Move substitute resolution number 55.

10:44:40 >>HARRY COHEN: Second.

10:44:42 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, seconded

10:44:44 by Mr. Cohen on 55, absolute resolution.

10:44:47 All in favor of the resolution?

10:44:50 Opposed?

10:44:50 The Ayes have it unanimously.

10:44:51 We go to item 56.

10:44:56 It's a resolution.

10:44:58 >> Item 56 basically is a companion to 55.

10:45:01 It's to provide a portion of the funding for this particular

10:45:03 contract.

10:45:03 >>HARRY COHEN: Move to approve.

10:45:08 >>MIKE SUAREZ: Second.




10:45:10 >>CHARLIE MIRANDA: All in favor of the motion on 56 please

10:45:12 indicate by saying aye.

10:45:13 Opposed, nay.

10:45:14 The ayes have it unanimously.

10:45:16 Continue with staff reports on item number 57.

10:45:24 Anybody wants to move that resolution?

10:45:26 >>FRANK REDDICK: Move item 57, Mr. Chairman.

10:45:29 >>CHARLIE MIRANDA: It's a resolution regarding sidewalks and

10:45:31 the need of it throughout the whole City of Tampa.

10:45:34 I have a motion by Mr. Reddick.

10:45:36 Second by Mr. Suarez on 57.

10:45:38 All in favor of the motion please indicate.

10:45:42 The Ayes have it unanimously.

10:45:43 Opposed, nay?

10:45:45 The Ayes have it unanimously.

10:45:46 Yes, ma'am?

10:45:47 >> Yes, here to speak about 57 through 60, if you would like

10:45:51 any more --

10:45:52 >>CHARLIE MIRANDA: Well, we just passed 57.

10:45:54 Would you like us to not pass it?

10:45:57 >> No, sir.

10:45:57 >> Then on 58 through 60.

10:46:01 >> If you would like me to, I certainly will.

10:46:04 >> Well, you can.

10:46:05 >> Like I said, I'm here for any additional information




10:46:09 under staff reports.

10:46:11 >>CHARLIE MIRANDA: Any questions at this time on 58, 59 and

10:46:14 60?

10:46:15 It has to do with the work of this department including

10:46:21 sidewalk, restoration and need for them and the placement

10:46:23 thereof.

10:46:24 >>FRANK REDDICK: I move 58 through 60.

10:46:27 >>HARRY COHEN: Second.

10:46:30 >>CHARLIE MIRANDA: I have ooh motion by Mr. Reddick on 58

10:46:32 through 60, seconded by Mr. Cohen on a close vote with Mr.

10:46:35 Suarez.

10:46:36 All in favor?

10:46:38 Opposed?

10:46:39 The Ayes have it unanimously.

10:46:40 Item 61 is a public hearing, non-quasi-judicial.

10:46:49 This is the first public hearing.

10:46:50 >> Move to open item 61.

10:46:53 >>CHARLIE MIRANDA: Motion by Mr. Suarez, second by Mrs.

10:46:55 Mulhern.

10:46:55 All in favor of the motion indicate by saying aye.

10:46:58 Opposed, nay.

10:46:59 The ayes have it unanimously.

10:47:00 Item 61 is now open.

10:47:06 This is regarding brownfield designation.

10:47:08 >> Ginster, City assistant city attorney, the city's




10:47:16 community redevelopment brownfield program.

10:47:18 Today, this is the first of two required public hearings to

10:47:22 be held for a brownfield designation for the west St. Louis

10:47:28 street brownfield area.

10:47:29 And this is approximately 12 acres of city-owned property

10:47:36 located over -- they have a street address of west St. Louis

10:47:40 and north Rome street.

10:47:44 Council's role on this project is at the two public hearings

10:47:48 to consider approval of resolution to designate the it has a

10:47:55 brownfield area, and if it is approved, the D.E.P. would

10:47:59 take over for any environmental remediation or

10:48:02 rehabilitation of the property.

10:48:04 The property is located in the enterprise zone, and the

10:48:08 details have been outlined in a staff report which is on

10:48:11 file at the city clerk's office for the public's review.

10:48:16 And the purpose of designating the property as a brownfield

10:48:19 area is for any potential investors in redeveloping or

10:48:26 remediating the site. And at the conclusion of the second

10:48:29 public hearing which is scheduled for council's February

10:48:32 9th evening meeting agenda, council will have the

10:48:35 opportunity to approve the brownfield designation as

10:48:40 requested.

10:48:41 >>CHARLIE MIRANDA: Thank you very much.

10:48:41 Any questions by council members?

10:48:43 >>FRANK REDDICK: Can you tell me, what neighborhood is




10:48:48 surrounded by where this is located? Are there any

10:48:51 particular neighborhood associations?

10:48:55 >> Neighborhood associations?

10:48:58 >>FRANK REDDICK: Neighborhoods.

10:48:59 >> It's my understanding according to the staff plan it's

10:49:02 near the old East Tampa neighborhood in close approximation

10:49:07 to the Hillsborough River.

10:49:08 Currently the property is used by city utility department,

10:49:13 water, wastewater, public works.

10:49:17 >>CHARLIE MIRANDA: It's about six or search blocks south of

10:49:19 Columbus drive, about six or seven, eight blocks north of

10:49:23 Kennedy.

10:49:24 On North Boulevard.

10:49:26 Been there for a long time.

10:49:30 Anyone in the public care to speak on item number 61?

10:49:33 61?

10:49:34 This is a public hearing regarding this piece of property

10:49:38 about 12 acres that the city has owned for brownfield

10:49:43 designation.

10:49:44 I would make an assumption that the city is looking to move

10:49:52 out if they are going to brownfield.

10:49:54 >> Well, I don't think there's any plans at all for the

10:49:57 property.

10:49:58 >>CHARLIE MIRANDA: But it is on the river so I can only

10:50:00 sense what's happening in the future.




10:50:01 >> Correct.

10:50:04 >>CHARLIE MIRANDA: Thank you very much.

10:50:04 Anyone else to speak on item number 61?

10:50:08 I need a motion to close.

10:50:11 >>MIKE SUAREZ: Motion to close.

10:50:13 >>CHARLIE MIRANDA: Seconded by Mr. Reddick.

10:50:14 All in favor?

10:50:15 Opposed?

10:50:15 The Ayes have it unanimously.

10:50:17 Ms. Montelione, would you take item number 61?

10:50:21 >>MARTIN SHELBY: Mr. Chairman, this does not require any

10:50:24 action at this time, just as you have heard, the second

10:50:27 public hearing will bled held February 9th, 2012.

10:50:31 You will be presented with a resolution then.

10:50:35 >>CHARLIE MIRANDA: Thank you.

10:50:35 Item 10:30 public hearings, we are past 10:30 so we can do

10:50:40 those.

10:50:40 I need to open 62 through 64.

10:50:43 >>MIKE SUAREZ: Move to open 62 through 64.

10:50:47 >>CHARLIE MIRANDA: Seconded by Mrs. Montelione.

10:50:49 All in favor?

10:50:50 Opposed?

10:50:51 The Ayes have it unanimously.

10:50:52 Item 62 through 64 are open.

10:50:54 These are quasi-judicial proceedings.




10:50:57 Anyone in the public who is going to speak on item 62

10:51:00 through 64 must be sworn in.

10:51:03 (Oath administered by Clerk).

10:51:17 >>CHARLIE MIRANDA: We go to item number 62.

10:51:19 >>BARBARA LYNCH: Land Development Coordination.

10:51:23 Item 62 is a vacating of C-12-03 to vacate a portion of an

10:51:29 alley, actually the remainder of an alley in a block. I

10:51:34 have a map for the overhead.

10:51:39 The block lies south of DeLeon, north of Swann, runs from

10:51:46 Lois to Clark.

10:51:46 The request, the alley to be vacated is in yellow and the

10:51:51 petitioner's property is in red.

10:51:55 I have some pictures of this.

10:52:00 The first is the alley looking west from Clark Avenue.

10:52:05 We are able to actually go down the alley a ways so we have

10:52:08 some more pictures looking west.

10:52:11 About midway. And then toward the end there was a lot of

10:52:14 overgrowth.

10:52:17 The west end of the alley was previously vacated.

10:52:20 So we want a private drive installed so we have a picture of

10:52:28 the alley looking east.

10:52:29 You can see the fence, the alley from the other side of this

10:52:32 fence.

10:52:34 And this is actually a picture of the petitioner's property

10:52:38 on Swann.




10:52:41 Staff has no objections to the request.

10:52:44 Easements need to be reserved for Verizon, Bright House and

10:52:47 TECO.

10:52:49 >>CHARLIE MIRANDA: Thank you very much.

10:52:53 Is petitioner here?

10:52:54 Yes, ma'am.

10:52:54 >> Devon Higginbotham.

10:53:02 The west end of the alley was vacated in '64.

10:53:07 It doesn't look like the alley has been maintained.

10:53:09 There's trees that look like they are 50 years old.

10:53:11 Several of the property owners on the alley have already

10:53:14 moved their fences back into the property.

10:53:16 It doesn't look like the city has maintained it for many

10:53:19 years.

10:53:20 I'm requesting that the alley be vacated.

10:53:23 >>CHARLIE MIRANDA: Thank you very much.

10:53:24 Anyone in the audience dire speak on item number 62?

10:53:27 62?

10:53:27 62?

10:53:28 I see no one.

10:53:31 I have a motion to close by Mr. Cohen.

10:53:33 Seconded by Ms. Capin.

10:53:38 All in favor of the motion please indicate by saying aye.

10:53:41 Opposed, nay.

10:53:42 The Ayes have it unanimously.




10:53:43 Mr. Cohen, would you kindly take number 62?

10:53:46 >>HARRY COHEN: I move an ordinance being presented for

10:53:48 first reading consideration.

10:53:50 An ordinance vacating, closing, discontinuing, and

10:53:52 abandoning an alleyway lying south of south Lois Avenue,

10:53:58 south of west DeLeon street and north of West Swann Avenue

10:54:02 in Normandy Heights subdivision, a subdivision in the City

10:54:04 of Tampa and Hillsborough County, Florida the same being

10:54:08 more fully described in section 1 hereof, subject to certain

10:54:11 easements, covenants, conditions and restrictions as more

10:54:15 particularly described herein, providing an effective date.

10:54:18 I have a motion by Mr. Cohen, a second by Mr. Suarez.

10:54:22 All in favor of the motion please indicate by saying aye.

10:54:30 Opposed, nay.

10:54:31 The Ayes have it unanimously.

10:54:32 >>THE CLERK: Second reading of the ordinance will be held

10:54:36 February 2nd at 9:30 a.m.

10:54:38 And Mulhern being absent at vote.

10:54:42 >>CHARLIE MIRANDA: Item number 63.

10:54:42 Public hearing regarding an alley.

10:54:47 >>HARRY COHEN: Motion to continue to February 2nd at

10:54:52 10:30 a.m.

10:54:53 >>CHARLIE MIRANDA: Anyone in the audience before I take the

10:54:55 motion by Mr. Cohen and Mr. Suarez on item 63 that wants to

10:55:00 speak on the continuation?




10:55:01 I see no one.

10:55:02 I have a motion by Mr. Cohen, seconded by Mr. Suarez to

10:55:05 continue to February 2nd at 9:00, 10:30 in the morning.

10:55:10 All in favor of the motion?

10:55:13 Opposed?

10:55:13 The Ayes have it unanimously.

10:55:16 Item number 64 is a public hearing.

10:55:23 MacDill entertainment LLC.

10:55:27 >> Land development.

10:55:39 Property address is 421 South MacDill Avenue.

10:55:42 Current address is CG commercial general.

10:55:44 The proposed special use for alcoholic beverage sales, beer

10:55:47 wine and liquor in association with a bar lounge,

10:55:51 consumption on premises only.

10:55:54 The site is occupied by 910 square foot indoor only, one

10:55:58 story beer and wine, bar lounge established on or about

10:56:03 March 1996.

10:56:04 The request proposes to add 4,314 square feet with outside

10:56:10 sales consumption area for a total sales area of 5,224

10:56:13 square feet.

10:56:15 The site currently utilizes small surface parking area for

10:56:18 the site, which does not meet the current criteria for

10:56:22 parking.

10:56:23 The applicant is proposing to obtain off-site parking to

10:56:27 meet the parking requirements of 64 parking spaces.




10:56:31 However, as of the date of the staff report, the application

10:56:36 does not have exception for parking has been submit Ford

10:56:40 review.

10:56:40 We received comments from the fire marshal reducing the

10:56:43 occupancy from -- requiring 64 parking spaces, drop down

10:56:50 from 82 to 64.

10:56:54 I'll get more information along in my report.

10:56:56 I would like to show you some photographs of the site.

10:57:09 This is the site.

10:57:18 Here is a view of the site.

10:57:33 This is from the south, swing north, along the property

10:57:36 line.

10:57:38 For your information, handy dandy Rolodex shows the wet

10:57:45 zoning of the property, the building itself.

10:57:52 Here is an exterior view going north on MacDill.

10:58:03 This is going south on MacDill from the subject

10:58:06 property.

10:58:09 Here is a photograph of the inside of the compound, the

10:58:13 little area they are wet zoning.

10:58:20 Section 27-272, to reduce the required minimum distance

10:58:24 separation from 1,000 to 193 feet.

10:58:28 Further establishments selling alcoholic beverages.

10:58:30 Section 27-272, reduce the required minimum distance

10:58:34 separation from 1,000 to zero for residential uses.

10:58:39 Adjacent condominium to the west.




10:58:41 There's a correction to the site plan to reduce the required

10:58:44 parking from 64 to four spaces, reduction of 94%.

10:58:49 Section 27-246 to allow vehicle access on local streets.

10:58:55 Section 27-246 to allow vehicles maneuvering in the

10:59:00 right-of-way.

10:59:01 The Land Development Coordination found inconsistencies,

10:59:04 section 27-241, application must submit any off-site parking

10:59:09 agreements due to the alternative design application

10:59:12 process.

10:59:13 To date no such application has been filed with land

10:59:16 development for consideration.

10:59:18 Sections 237 and 242.

10:59:23 At the time of increased intensity or any other use or

10:59:26 change of use established, offstreet parking spaces shall be

10:59:30 provided in accordance with current code.

10:59:32 Based on the occupant load shown on the stated site plan, 82

10:59:37 two parking spaces are required.

10:59:41 Met with the applicant, verified with the fire marshall,

10:59:41 that the corrected occupant load is now 256, and not the

10:59:47 329, which requires 64 parking spaces and not 82.

10:59:55 Section 130.

10:59:56 The required buffer consists, subject to the bar-lounge use,

11:00:02 business use on the west side not being met.

11:00:04 The required buffer consists of a six-foot masonry wall and

11:00:07 16 feet of ground cover.




11:00:09 Consideration of alternative screening method, the

11:00:12 application must submit request to the alternative design,

11:00:15 section 1 process.

11:00:18 Section 2-69, potential adverse effects generally.

11:00:26 Due consideration shall be given to potentially adverse

11:00:29 effects generally on adjoining nearby properties.

11:00:32 The neighborhood or the city of the use or occupancy as

11:00:37 proposed, or its location, construction, design, character,

11:00:42 scale, manner of operation, where such potentially adverse

11:00:47 effects are found considerations shall be given special

11:00:49 remedial measures, appropriate in the particular

11:00:51 circumstances of the case.

11:00:53 Including screening or buffering, landscaping, control of

11:00:56 manner or hours of operation, alteration of proposed design

11:01:00 or construction of the buildings.

11:01:02 Relocation of proposed open space for such space or such

11:01:09 other measures as required to ensure potential adverse

11:01:13 effects be compatible and harmonious with other development

11:01:16 within the area.

11:01:17 Transportation department has stated -- find the parking

11:01:26 reduction excessive and the applicant verified the correct

11:01:30 occupant load of 256 as of January 18th, 329 is

11:01:38 requested.

11:01:41 And section 241, please provide a copy of the off-street

11:01:45 parking agreement to show the locations and the proposed




11:01:49 off-street parking lots.

11:01:50 >>Overs Don Miller, City of Tampa police department.

11:02:06 City of Tampa police department has some concerns in

11:02:08 reference to parking, the availability for this

11:02:11 establishment.

11:02:12 I spoke with staff, and they wanted me to bring those

11:02:15 concerns to you, and also the noise levels, where the condo

11:02:20 complex just behind the business.

11:02:24 So those are two big concerns on parking and noise levels

11:02:28 increasing due to this change.

11:02:30 Thank you.

11:02:31 >>CHARLIE MIRANDA: Thank you very much.

11:02:32 Is the petitioner here?

11:02:33 >> Truett Gardner, 400 North Tampa Street.

11:02:38 We have a bunch of people here in support.

11:02:39 I don't believe we have any objectors.

11:02:41 That being said, I did want to address some of the staff

11:02:44 concerns that I believe we have alleviated, and also have

11:02:49 some materials I would like to pass out to you.

11:03:04 While those are being passed out, I had the pleasure of

11:03:07 being here on behalf of the partners in the property at

11:03:10 issue a neighborhood pub at 421 South MacDill Avenue.

11:03:14 We are here to request special use for the sale of beer,

11:03:17 wine and liquor for a site that's been a bar, operating

11:03:21 continuously as that since the 1950s.




11:03:23 Up until recently, we thought we would only be here to

11:03:26 request the addition of the sale of liquor.

11:03:30 Unfortunately, it turned out that the property in the rear

11:03:33 of the establishment, which is also by used in conjunction

11:03:36 with bar uses, was not properly wet zoned.

11:03:40 That caused us to have to what seems to be an

11:03:47 intensification of use and that triggered the need for

11:03:49 additional parking requirements, solid waste, and other

11:03:52 staff comments that resulted from that.

11:03:55 I want to address three points with you.

11:03:58 These are staff comments.

11:04:01 Probably primary in your mind.

11:04:03 Two, the history of the bar.

11:04:05 And then lastly the overwhelming neighborhood support for

11:04:08 this proposal.

11:04:10 With respect to the staff comments, they are two fold.

11:04:15 First of all, the concern of the number of spaces provided

11:04:18 versus the number of spaces required.

11:04:21 And then secondly the potential adverse impact to the

11:04:23 neighborhood from a noise standpoint, in particular the

11:04:29 development medley to the rear of this property.

11:04:31 With respect to the parking waiver, we have done two things

11:04:34 which Joel mentioned.

11:04:36 First, we reduced the occupancy that was initially done by

11:04:39 the fire marshal before furniture was installed.




11:04:42 It resulted in a very high number.

11:04:45 We have been back out to the site last week that

11:04:48 substantially reduced the occupancy.

11:04:50 Secondly, when this intensification of use was triggered,

11:04:59 the partners have gone out and obtained leases from two

11:05:03 properties immediately to the north, should we be successful

11:05:07 this morning.

11:05:08 I have already submitted those leases yesterday.

11:05:11 I have copies of them here as well.

11:05:13 So those can be reviewed and approved between first and

11:05:15 second reading.

11:05:19 So that addresses the parking issue.

11:05:21 Thirdly, to give you a little more comfort on that, two

11:05:25 things need to be noted.

11:05:26 One, this is a neighborhood establishment as they have been

11:05:31 operating already.

11:05:32 It's a substantial amount of walk-up traffic.

11:05:35 There's a massive amount of multifamily development behind,

11:05:42 and since they have been operating, they have experienced a

11:05:46 large percentage of their patrons being people that simply

11:05:49 walk up.

11:05:50 As a result, they don't need to occupy parking spaces.

11:05:55 Secondly as you are aware, the fire marshal bases on the

11:06:00 maximum number so, on rare occasions the number of parking

11:06:05 spaces won't be that maximum.




11:06:09 To that end, when the staff work was prepared, and based on

11:06:16 the last site plan, we had a waiver of 82 spaces with the

11:06:20 leases that wave entered into, and the change in the

11:06:23 occupancy, we have whittled that down to just 13 spaces

11:06:29 which we hope you will find that to be reasonable.

11:06:33 Secondly with respect to the condo to the rear and the

11:06:37 neighborhood support, I am going get into that last.

11:06:40 For the purposes of the staff comments.

11:06:42 But I did want to let you know that the president of the

11:06:45 condo association immediately to the rear, as well as 32 of

11:06:49 the 36 condominium owners have signed a petition in support.

11:06:54 That would actually be 36 but two of those are absentee

11:06:58 owners that we couldn't communicate with.

11:07:03 In the materials that I handed out to you, under tab "A,"

11:07:12 and I'm showing you this for two reasons.

11:07:14 One, to let you know that while we are technically

11:07:20 intensifying and T use from a practical standpoint, we are

11:07:23 not intensifying the use at all.

11:07:27 So under tab "A," these are all information received from

11:07:33 the prior establishment's Web site which is still available

11:07:38 online.

11:07:38 It was the rainbow room.

11:07:41 And you will see on the first page the address 421 South

11:07:43 MacDill.

11:07:45 You will also note of interest, we heard in the past that




11:07:48 liquor was sold.

11:07:50 That was also not done properly, but done, and on the photo

11:07:53 on the first page you will see an advertisement through

11:07:57 Smirnoff vodka.

11:07:59 The next page is a photograph of an outdoor TIKI bar showing

11:08:08 you the out door use.

11:08:09 The following page shows the out door volleyball court as

11:08:12 well as people having a good time, drinking beer in the

11:08:15 rear, same with the next page, and the pages that follow.

11:08:19 One of the pages even has a band shell that they previously

11:08:23 had which has been removed, which also helps mitigate the

11:08:27 noise.

11:08:28 And then the Google photographs in the back tab "A" simply

11:08:35 show the prior establishment as it was, as well as a side

11:08:39 view on Horatio street, again showing the outdoor service

11:08:45 areas.

11:08:45 Under tab "B," I think you will be impressed with the

11:08:48 upgrades and the investment that's been made to the

11:08:50 property, both in the first photograph, which is the

11:08:54 indoors, as well as the photographs that follow, which are

11:08:57 the outdoors.

11:08:59 And before they had the band shell, the volleyball court,

11:09:04 now it's much more Taiwan quill setting, to have an

11:09:08 alternative beverage if that's your thing and engage in good

11:09:12 conversation.




11:09:13 And then lastly, understood tab "C," "D" and "E," these all

11:09:19 relate to neighborhood support.

11:09:20 If you will turn to tab "C," the first page of it shows a

11:09:24 map with areas highlighted in pink.

11:09:28 Those are all -- those designate support from all the

11:09:34 surrounding properties.

11:09:36 We were not able to obtain one from the property immediately

11:09:39 to the south.

11:09:39 But, importantly, the condominium association immediately to

11:09:43 the rear, as well as the condominium association to the rear

11:09:49 and across Horatio street, north of the property, the Pipo's

11:09:54 cafe, which is one of the leases we have. South of it,

11:09:56 Fishman Mortgage corporation which is another lease we have

11:10:01 and a letter of support immediately across the street,

11:10:03 Platinum Bank, and immediately south, the hair salon.

11:10:09 Following that map in tab "C" are pictures of those

11:10:11 establishments and letters of support from the

11:10:15 establishments.

11:10:17 In addition, there's the petition from the condo association

11:10:21 showing all the signatures in support.

11:10:25 If you will turn to tab E, these are letters from residents

11:10:33 in the area, I believe you received some of these via

11:10:35 e-mails but these are residents that wanted to express their

11:10:38 support by letter.

11:10:40 Lastly, and I think this speaks to the great job that the




11:10:44 proprietors did in reaching out to the community, are 15

11:10:47 pages of a signed petition totaling 443 signatures in

11:10:53 support of this petition.

11:10:55 So with that we would urge your support.

11:10:57 We believe that we have mitigated the concerns of staff, and

11:11:04 Mr. Newkirk would like to speak, and I don't believe we have

11:11:09 any opponents to this, but we do have supporters if you

11:11:13 would like to hear from them.

11:11:14 They are here and would like to speak.

11:11:17 >>CHARLIE MIRANDA: Anyone else in the time limit that we

11:11:19 have that would like to speak on this item that's on the

11:11:21 proponent's said, from the petitioner's side?

11:11:25 >> I'm Tom Newkirk.

11:11:28 My son and I, Mark, have put this thing together along with

11:11:32 three other partners, Charlie Allen, Scooter Courtney and

11:11:36 Rus Grimmen, and we are all here today for this project.

11:11:40 My son Mark found this property, and we got excited about

11:11:43 the possibilities of using it.

11:11:45 We have previously remodeled and old facility across the

11:11:48 street from the ice palace called Newt's cafe, very

11:11:55 successfully, and it was a good fun place, somewhat similar

11:11:58 to this with decking and palm trees, very inviting for the

11:12:01 community.

11:12:02 We operated that for ten-plus years and only sold it when

11:12:08 the condo market kind of went crazy, and we had a very good




11:12:12 offer to sell to the a condo developer.

11:12:14 So we were out of that.

11:12:16 The MacDill property is in the middle of the commercial

11:12:19 district, a few blocks south of Kennedy, and surrounded by

11:12:23 hundreds of multifamily homes.

11:12:25 We just thought this was a great place for a little local

11:12:29 pub be developed, for the community come together in casual

11:12:34 and laid-back atmosphere.

11:12:36 After seeing what we have done, I think community has done

11:12:38 that, and I think that's why we were able to gather the

11:12:41 support we did with regard to the petitions and the letters

11:12:44 and other things that they want to support us with.

11:12:47 We are particularly impressed that the condo that's

11:12:49 immediately behind us, and will be the most impacted by

11:12:52 this, we have 32 of 36 people sign on in support of our

11:12:57 project.

11:12:57 We really feel like we are well supported there.

11:13:03 As explained, prayer to committing to this location, we have

11:13:07 seen the operation of this facility, both inside and outside

11:13:10 of their existing building.

11:13:14 They had outside bars, outside table and chairs, outside

11:13:17 Bandstand, outside volleyball courts and had a lot of

11:13:21 activities out there.

11:13:21 We checked with the city zoning and they confirmed the

11:13:24 property was wet zoned and did have a valid 2(COP) license,




11:13:27 so we felt confident at that point that we should go

11:13:30 forward.

11:13:31 Then we started the clean-up refurbished the inside,

11:13:35 landscaped, decked, brought in palm trees, did a lot of

11:13:39 improvements.

11:13:40 We never intended to change the use of this area.

11:13:43 We were only intending to make it nicer.

11:13:46 After obtaining our certificate of occupancy, we visited the

11:13:49 zoning office in order to get the 2(COP) transferred to us

11:13:53 at which time we were told that only the inside building was

11:13:57 zoned, and the only way that they had evidence of that is

11:14:00 not by the use but by the little Rolodex card that you saw

11:14:04 in the form.

11:14:05 (Bell sounds)

11:14:07 I will just conclude by saying that we spent in excess of

11:14:11 $100 that you, created a great neighborhood environment but

11:14:14 not been able to use the rear of our property because of

11:14:17 zoning.

11:14:17 And that's why we are here today asking you to approve our

11:14:19 application, and hopefully open us up to the neighborhood,

11:14:23 and we hope you agree with us.

11:14:25 Thank you.

11:14:26 >>CHARLIE MIRANDA: Thank you.

11:14:27 Mr. Cohen?

11:14:28 >>HARRY COHEN: I'm not sure if I am not seeing it, but the




11:14:31 off-site spaces, where they are located in relation to the

11:14:37 property?

11:14:40 >> Council member Cohen, if you will turn again to tab "C,"

11:14:45 which is a support map.

11:14:48 The two properties immediately north, number 4, municipal

11:14:52 Fishman mortgage corporation, and north of it, Pipo's cafe.

11:14:59 And again I have those leases with me.

11:15:04 The first one from Pipo's and its landlord.

11:15:09 And the second one being from Fishman mortgage corporation.

11:15:13 >>HARRY COHEN: What are the proposed hours of operation?

11:15:28 The hours of operation of the patio?

11:15:30 >> Open at 3 p.m. and close in conjunction with city

11:15:33 ordinance.

11:15:33 >>HARRY COHEN: Okay, thank you.

11:15:37 >>YVONNE CAPIN: On the leases, does it have the hours that

11:15:40 you are permitted to park there?

11:15:48 >> It does not have the hours.

11:15:49 The understanding is that they will be used after the

11:15:53 business hours of those businesses.

11:15:56 Pipo's is a breakfast and lunch place.

11:16:00 Then Fishman Mortgage closes at four.

11:16:04 And with the housing market where it is today, they are not

11:16:06 experiencing a lot of volume either.

11:16:07 >> And your hours of operation are 3 p.m. every day?

11:16:17 Seven days a week?




11:16:19 >> Yes.

11:16:23 >>YVONNE CAPIN: On the site plan it has 7 a.m -- okay.

11:16:26 All right.

11:16:27 Where did I see the 7 a.m.?

11:16:33 >> We were asked -- this clears that up -- the notes that

11:16:38 the I ask asked to us put on, which I think should just

11:16:41 track the hours of operation under city ordinance.

11:16:45 >>YVONNE CAPIN: Okay.

11:16:45 So that's the patio and the building.

11:16:48 And you don't have hours.

11:16:51 So the hours are consistent with the hours of business.

11:16:54 Because I know, I have been to peoples and the bark parking

11:17:00 is kind of tight there.

11:17:01 >> Yes.

11:17:03 >>YVONNE CAPIN: So we would see that lease.

11:17:05 The noise level, there is no band shell.

11:17:07 That was taken out?

11:17:13 All right.

11:17:13 Amenable to amplification of music as opposed to acoustic.

11:17:19 >> They do have speakers installed in the rear.

11:17:23 Perhaps instead of hearing this from me, the president of

11:17:26 that condo association is here to express their support in

11:17:29 its current configuration.

11:17:32 If you would like to hear from her, she is here.

11:17:35 But, yes, there are outdoor speakers.




11:17:37 But, yes, the band shell has been removed.

11:17:43 >>YVONNE CAPIN: One more question.

11:17:44 What is directly across the street on Horatio south?

11:17:47 >> It is a medical office building.

11:17:49 And I believe they were not able to get in touch with that

11:17:52 property owner.

11:17:53 >> And you are asking 13 parking waivers?

11:17:58 >> Should the leases be approved, that will be the number

11:18:02 that the waiver will be hopefully reduced to.

11:18:06 >> Okay.

11:18:06 >>REBECCA KERT: Legal department.

11:18:08 Just to clarify, because the leases have not yet been

11:18:11 approved, the waiver is from 64 down to 4.

11:18:16 City Council can't anticipate that they will be waived,

11:18:19 because the requirement at this point in time, at this

11:18:22 moment, is 64.

11:18:23 So they may be approved in the interim, in which case you

11:18:26 would not need such a large waiver.

11:18:29 But between first and second reading, the change is 64 to 4.

11:18:33 And then if you want it would have to be continued again to

11:18:37 change the site plan again.

11:18:41 >>YVONNE CAPIN: County be reduced between first reading and

11:18:44 second reading?

11:18:46 >>REBECCA KERT: Contribute reduced between first reading

11:18:48 and second reading.




11:18:49 This is first reading.

11:18:51 Today the requirement is 64.

11:18:53 When it comes back to second reading, the change on the site

11:18:56 plan needs to be from 64 to 4.

11:18:58 And at that time, he has had additional approval and wants

11:19:03 to get a lesser waiver, but what City Council would be

11:19:07 approving is 64 down to four because they have not been

11:19:10 approved yet.

11:19:11 You cannot anticipate the requirement will change.

11:19:16 >>YVONNE CAPIN: Thank you.

11:19:16 I appreciate that.

11:19:20 And I see that the trash, did I read that, curb-side pickup?

11:19:28 >> Yes, the intensification of use, there's a dumpster right

11:19:32 on-site.

11:19:33 However, the intensification of use in trying to do the

11:19:36 housekeeping on this triggered new solid waste codes, so

11:19:41 that will be removed, and it will be curbside pickup.

11:19:48 >>YVONNE CAPIN: Okay.

11:19:48 Thank you.

11:19:49 >>CHARLIE MIRANDA: Any other council members?

11:19:51 >>MARY MULHERN: Thank you, Mr. Chairman.

11:19:53 So the leases that are pending, they are not signed, are for

11:19:58 the peoples and the Fishman Mortgage?

11:20:02 >> Correct.

11:20:05 >>MARY MULHERN: How many spaces would that afford if you




11:20:07 got them?

11:20:08 >> There are 15 in Fishman Mortgage one of those being a

11:20:11 handicapped space, and PIPOs, 34 spaces.

11:20:21 >> 34 spaces at --

11:20:24 >> They are parking in front, on the side, and then actually

11:20:27 in the rear of the property, they have some employee spaces

11:20:30 which are stacked spaces.

11:20:32 And just to shed a little more light, I apologize for

11:20:36 submitting the leases yesterday.

11:20:40 At the start of those discussions we were able to get

11:20:43 Fishman's in November, but Pipo's lease was signed yesterday

11:20:48 and I received it. As soon as I did, I transmitted it to

11:20:50 zoning staff.

11:20:51 >> Okay, and what was the recently revised occupancy?

11:20:59 >> I'm going off the top of my head here, 329 occupants to

11:21:04 264 occupancy.

11:21:08 Then it's multiplied by .25 to the number of parking spaces.

11:21:14 That was a reduction from 82 required initially to 64 being

11:21:18 required now.

11:21:23 >>YVONNE CAPIN: I wrote it down.

11:21:24 It was 56.

11:21:25 >> 329 to 256 was the reduction.

11:21:30 >>MARY MULHERN: So what is now, it's 64 is the required.

11:21:34 >> Correct.

11:21:36 With four provided on-site.




11:21:39 Fortunately again along Horatio are some great angle parking

11:21:44 spaces which we are having to lose due to the

11:21:47 intensification of use.

11:21:47 >> So your intensification of use.

11:21:54 You are adding more occupancy area and reducing your

11:21:59 parking?

11:21:59 >> From a technical standpoint, Y.from a practical

11:22:02 standpoint, it's operating in its exact configuration that

11:22:06 it's operated in since 19501st, we believe.

11:22:09 >> Okay, that was my next question.

11:22:11 So the way that it's been operating, you are not changing

11:22:17 any of the configuration inside or outdoors?

11:22:21 >> As a matter of fact, we argue that we are lessening the

11:22:24 intensification by removing the volleyball court and

11:22:26 removing the band shell.

11:22:27 >>MARY MULHERN: Any on the questions by council members?

11:22:35 >>LISA MONTELIONE: Two things.

11:22:36 Who owns the property directly across the street on Horatio?

11:22:40 I notice that it's left off.

11:22:43 Oh, I'm sorry.

11:22:44 >> It's a medical office building.

11:22:46 >> Okay, I'm sorry.

11:22:51 Just as a point of interest, I want to point out, it's a

11:22:54 walkable place.

11:22:56 We talk a lot about parking.




11:22:58 And I talk a lot about walking.

11:23:00 And we talk about sidewalks.

11:23:02 And we talk about pedestrian-friendly, and people won't have

11:23:07 to get in their cars and drive to these establishments.

11:23:10 There's a lot of residential uses around this that they can

11:23:15 just walk to a neighborhood place, a gathering, a watering

11:23:21 hole, so to speak, in a traditional sense.

11:23:24 And have a great little sense of community there.

11:23:27 So I'm very happy that as we talked about parking that we

11:23:35 keep in mind that we promote walking, and we promote other

11:23:40 modes of transportation.

11:23:43 >> And coincidentally and ironically, I had a business

11:23:48 friend this morning, sat at a table that lived behind both

11:23:51 of them since Thanksgiving, have walked to this location,

11:23:54 numerous occasions, and one of them was going to try to show

11:23:58 up in support and talk about her walking to and walking

11:24:00 home, probably in less than a straight line on the way home

11:24:05 than to, but they are experiencing exactly that.

11:24:08 I think they have even be surprised, pleasantly surprised at

11:24:11 the number of people who are walking to the establishment.

11:24:15 >>CHARLIE MIRANDA: Any other council member?

11:24:19 Thank you very much.

11:24:19 Anyone in the audience care to speak on this subject matter

11:24:22 item number 64?

11:24:23 Please come forward.




11:24:24 Item 64.

11:24:25 All right.

11:24:26 I need a motion to close.

11:24:27 I see no one.

11:24:28 >>HARRY COHEN: Motion to close.

11:24:30 >> I have a motion to close by Ms. Capin, seconded by Mr.

11:24:34 Cohen.

11:24:34 All in favor?

11:24:35 Opposed?

11:24:36 The Ayes have it unanimously.

11:24:37 What's the pleasure of council?

11:24:46 >>YVONNE CAPIN: I would like to move to approve with --

11:24:52 okay.

11:24:56 I move to approve ordinance -- shall I read it?

11:25:02 >> Yes.

11:25:02 >> An ordinance approving a special use permit for alcoholic

11:25:05 beverage sales, bar lounge on premises only and making

11:25:09 lawful the sale of beverages regardless of alcoholic

11:25:12 content, beer, wine, liquor, on that certain lot, plot or

11:25:16 tract of land located at 421 South MacDill Avenue, Tampa,

11:25:20 Florida, as more particularly described in section 2, that

11:25:24 all ordinances or parts of ordinances in conflict are

11:25:27 repealed, providing an effective date.

11:25:30 >>CHARLIE MIRANDA: About W that, I think you have to add the

11:25:34 things put into the record by the city regarding parking and




11:25:37 what else?

11:25:38 >> And buffering.

11:25:42 >>CHARLIE MIRANDA: Between first and second reading.

11:25:43 I think those were the two items mainly that were of

11:25:47 concern.

11:25:47 Mrs. Mulhern?

11:25:49 >>MARY MULHERN: Yeah, I do have some concern about that

11:25:52 amplified sound outside, since I know, now, we are hearing

11:25:56 from Mr. Gardner that people are in support of the approval,

11:26:03 but I feel like -- I would really like to -- I don't know.

11:26:09 I don't see the need for outdoor amplified sound when you

11:26:13 are immediately adjacent to residential.

11:26:17 You know, you have got condo owners, possibly renters, I

11:26:21 don't know how much of that is rental or condo.

11:26:24 We don't know, you know, the people who may move in there

11:26:27 are really going to want this.

11:26:29 So I have some concerns about that.

11:26:30 So I don't know how council feels.

11:26:33 But amplified outdoor sound, at least limiting it at a

11:26:41 certain time of night.

11:26:48 I would like to hear, I guess -- I don't know if council is

11:26:54 willing to add that perhaps.

11:26:56 I don't know what we have done for other bars, say on

11:27:01 Howard, but what time they would at least have to have no

11:27:07 amplified sound, maybe 11 or 10:00 on weeknights, and -- I




11:27:16 don't know, midnight on Friday, Saturday.

11:27:22 >>CHARLIE MIRANDA: Mr. Suarez, before I go --

11:27:24 >>MIKE SUAREZ: He we required to reopen the public hearing

11:27:27 if we discuss this?

11:27:29 >> Move to reopen the public hearing.

11:27:32 >> Seconded by Ms. Capin.

11:27:35 All in favor to reopen, please signify by saying aye.

11:27:38 Opposed?

11:27:39 The Ayes have it unanimous.

11:27:40 >> Two issues, on the buffering, the wall, there is a six

11:27:44 fat masonry wall already in place.

11:27:49 We would be more than happy to invite staff back out to

11:27:53 check that off of their list but that is already in place

11:27:56 and in the rear of the property.

11:27:57 With respect to the amplified noise, they will definitely

11:28:02 agree to maintain it under -- or at the city's decibel

11:28:07 levels.

11:28:07 They are small speakers.

11:28:09 All of them are inward facing.

11:28:11 None of them face out wards to the condominium.

11:28:14 And again the condominium association is here.

11:28:16 They have a great line of communication if there ever is a

11:28:19 complaint, they would be more than happy to address that,

11:28:22 and they were even talking about the it's in zone sews they

11:28:27 can control volume through the different zones to make sure




11:28:30 that decibel level is kept underneath the city's ordinance

11:28:36 and provides the level of security of what you are looking

11:28:40 for.

11:28:42 >>YVONNE CAPIN: Would the petitioner be able to limiting the

11:28:44 hours of the amplified music?

11:28:53 During the week?

11:28:54 >> They prefer to just keep in the conformity with city

11:28:56 ordinance.

11:28:59 >> You had said earlier there was someone here to speak on

11:29:04 this.

11:29:04 >> Yes, the president of the condo association.

11:29:07 >> The president of the condo association?

11:29:09 >> Immediately the one that abut to the rear.

11:29:12 >> Maybe we should hear from the president?

11:29:15 >> If would you like to come up and speak on this item,

11:29:18 please come forward.

11:29:23 I don't know, find out.

11:29:27 Have you been sworn in?

11:29:29 >> Yes.

11:29:31 My name is -- I'm the president of the association, Palma

11:29:38 Ceia Oaks Condo Association, which is directly behind the

11:29:41 bar.

11:29:44 I have been at that residence for 12 years, and been the

11:29:49 president of the association for about six years.

11:29:53 We are all in favor of this new people coming in to take




11:30:00 over the bar.

11:30:04 They have been more than cooperative with us, with

11:30:06 everything that we have asked them or brought to their

11:30:09 attention.

11:30:11 We have discussed the music.

11:30:12 We discussed the parking.

11:30:13 We discussed all of those issues.

11:30:15 And as you can see, I did get 32 out of 36 people to agree.

11:30:23 They were happy, too.

11:30:24 They are very happy.

11:30:25 A lot of them are the ones who are doing the walk-up, drink,

11:30:32 walk-up to the bar.

11:30:33 So the music has always been an issue in the past.

11:30:37 I don't anticipate that it's going to be in the future.

11:30:44 We have had loud -- loud music, with the occupants before.

11:30:51 I don't anticipate that this is going to be a problem now.

11:30:58 >>YVONNE CAPIN: You realize that because they are good

11:31:01 neighbors now, they turn the speakers in, which is what the

11:31:07 good neighbors should do, doesn't mean that they have to

11:31:11 turn the speakers away.

11:31:14 That is not part of the condition to this application, or

11:31:23 this special use permit.

11:31:24 >> Right.

11:31:27 >>YVONNE CAPIN: I just want everyone to understand that,

11:31:31 that it is being done as a good neighbor policy, not as a




11:31:34 condition.

11:31:35 >> Exactly.

11:31:37 We understand that.

11:31:38 And the owner who is actually going to be the most impacted

11:31:44 by the music, because she lives in the upstairs unit, right

11:31:50 above where the speakers are and above that, she was coming,

11:31:53 but she is out of town, went to the Dominican Republic.

11:31:56 But she was coming to support the bar and the music, and she

11:32:02 knows that she's the one that's going to be the most

11:32:05 impacted.

11:32:06 So all of these people that are in that first building have

11:32:10 all signed the petition, and they are all in favor.

11:32:17 It's been a bar for, you know, for years, 30 years, and so

11:32:25 we are happy to have them.

11:32:26 >>MARY MULHERN: But you did say you had problems with the

11:32:30 sound with the previous owner?

11:32:32 >> With the previous owners, we did, because they would play

11:32:37 until 3:00 in the morning sometimes.

11:32:39 >>MARY MULHERN: Right.

11:32:42 But the owners, I think, our lawyer might have to confirm

11:32:50 this, but the conditions apply to the property.

11:32:57 Is that correct?

11:32:58 >>REBECCA KERT: Legal department.

11:32:59 Yes, that's correct.

11:33:01 >> So should you have a different owner, which happens, you




11:33:04 wouldn't have -- I mean, I would think you would want to ask

11:33:08 for some kind of -- something in writing saying we will

11:33:13 limit.

11:33:14 I mean, what would you have asked?

11:33:15 If you could have asked the previous owner if that was your

11:33:20 worst case scenario, which who knows if it is, what would

11:33:24 you have wanted?

11:33:25 What would those residents have wanted for, say, the hours

11:33:29 of the amplified music?

11:33:30 If you had problems with it, you are allowing the same

11:33:33 rights to this, now, the next owner.

11:33:38 >> The sound system for one thing, it's a new, totally

11:33:42 different type of sound system that they are putting in,

11:33:45 that they are installing.

11:33:47 That as I understand from them is going to have buffering so

11:33:52 that we'll not be impacted as much as we have been in the

11:33:55 past.

11:33:58 The bars that have been open there before had other sound

11:34:03 systems, and that's why we were impacted.

11:34:08 What I would like would be probably, you know, music cut off

11:34:11 at 11:00, 12:00, which I think is reasonable.

11:34:16 I wouldn't want the music to go till 3 a.m.

11:34:19 And they have not indicated to me at all that they

11:34:21 anticipate or planning on doing that.

11:34:25 They said that they would want to follow city ordinance, and




11:34:29 the music would be kept at decibels it's supposed to be kept

11:34:33 at, and according to the time.

11:34:39 So we have had several meetings with the association.

11:34:43 So all of the gentlemen all came and spoke at a meeting.

11:34:48 All of the residents have had an opportunity to hear what's

11:34:52 going on over there, and they have expressed their feelings.

11:34:58 >>MARY MULHERN: Okay, thank you.

11:35:01 >>CHARLIE MIRANDA: Any other council members at this time?

11:35:03 Petitioner?

11:35:06 I think you heard the dialogue.

11:35:07 >> Yes.

11:35:11 >>CHARLIE MIRANDA: As I understand it, to satisfy both

11:35:13 parties, amplified music may be at some point in time before

11:35:18 3 a.m.

11:35:18 >> And perhaps another way of handling this, my client would

11:35:22 like to follow city ordinance as far as decibel levels, and

11:35:26 time, but they would be willing, I believe, councilwoman

11:35:30 Capin mentioned this, they would be willing to insert a

11:35:34 condition only allowing inward-facing speakers so you don't

11:35:40 have that situation where there are loudspeakers pointing

11:35:43 directly at the condominium association.

11:35:45 Maybe that would be an alternate way of handling that

11:35:48 situation.

11:35:48 >> Let me ask the legal department a question here.

11:35:51 Is that permissible on a private piece of property, aside




11:35:54 from the alcohol zoning?

11:35:56 >>REBECCA KERT: Yes, if City Council feels the condition is

11:36:01 relevant to mitigate any adverse effects from the sales of

11:36:05 alcohol, you could have them -- you could have a condition

11:36:10 placed that any amplified speakers outdoors must be facing

11:36:15 interior to the building.

11:36:17 The only other thing I would point out to council is this

11:36:21 property in itself -- and I can't say whether what is too

11:36:25 loud or what is not too loud -- but this is not in one of

11:36:28 your entertainment areas and it does have lower decibel

11:36:31 areas that are actually allowable, and they are reduced, in

11:36:35 this area, I think, at 10 p.m.

11:36:38 >> Let me ask you at question since you brought that up.

11:36:41 I was going to ask anyway.

11:36:42 We talk about the required city decibels.

11:36:45 But it's never state wad the required city decibels are.

11:36:49 Could that be added on to the site plan or whatever if

11:36:54 needed at certain decibels, or it can be read by a police

11:36:58 officer or code enforcement officer at those decibels?

11:37:02 >>REBECCA KERT: Yes, could you.

11:37:04 I actually was trying to pull up the noise ordinance on my

11:37:07 phone.

11:37:09 It won't let me do it in time to get up here.

11:37:11 But perhaps Mr. Shelby could reference the code section,

11:37:16 chapter 14, on the article on noise, in reference to




11:37:21 specific decibels levels, and in this part of town, the

11:37:28 decibel level is measured from the receiving property.

11:37:31 So it would -- or from the neighbor's property, how loud

11:37:34 they hear it.

11:37:35 >> Correct.

11:37:36 Mr. Suarez, and then Ms. Mulhern.

11:37:39 >> If he can't put his finger on that I would be happy

11:37:43 between first and second reading to identify what that

11:37:46 ordinance is and put that on the site plan as a condition as

11:37:49 well as the inward-facing conditions.

11:37:51 >>MARTIN SHELBY: I do have section 14-151, if council needs

11:37:55 an exact number of decibels, but it is set forth in the --

11:38:01 >>CHARLIE MIRANDA: I need that to go on the record.

11:38:03 >>MARTIN SHELBY: Okay.

11:38:04 In all areas of the city other than those in subsection B-1

11:38:08 above which is the central business district, entertainment

11:38:10 areas, as stint assistant city attorney Kert stated, the

11:38:17 average measurement taken between 10 and 20 second shall be

11:38:20 in a greater than the maximum levels set forth below.

11:38:23 The measurement shall be taken from a receiving property at

11:38:26 the property line closest to the noise generating property.

11:38:32 A, 60 decibels or 65 decibels between the hours of 7 a.m.

11:38:36 and 10 a.m.

11:38:38 B, 55 decibels or 65 D -- I'm sorry, 60 DBA the first time,

11:38:46 65 DBC, subsection A.




11:38:49 Subsection B is 65 DBA or 65 DBC between the hours of

11:38:56 10 p.m. and 7a.m.

11:38:59 >>CHARLIE MIRANDA: Okay, that's really at conversation

11:39:02 level.

11:39:04 Can anyone here, the city police department, tell me what

11:39:07 that decibel ratio is?

11:39:09 I yield to Mrs. Capin because I cut her off unintentionally.

11:39:14 >>YVONNE CAPIN: Thank you.

11:39:19 Rebecca, I'm sorry, Kert, did you say that this is not in an

11:39:27 entertainment area but the decibels are lower?

11:39:30 >>REBECCA KERT: I said this is not one of the areas of the

11:39:33 city that-we don't use the term entertainment district, but

11:39:37 this is the area of the city where it is going to be louder

11:39:41 because of the central district is -- Ybor and Channelside,

11:39:46 this is not in that area.

11:39:47 This is what is considered the residential remainder of the

11:39:50 city.

11:39:52 So the decibel levels in this area are lower than in those

11:39:56 other areas I just referenced.

11:39:57 >> And it would pertain to what our attorney just read?

11:40:01 >> Yes.

11:40:02 And if City Council wanted to lock in stone what the decibel

11:40:08 levels are today, then that would apply regardless if the

11:40:10 city ever changed its noise ordinance to allow anything

11:40:13 louder, they would be limited to --




11:40:17 >> I think that would be something we should add to.

11:40:21 >> And that would be complete lit amenable to them as well.

11:40:25 >> I have Mrs. Mulhern and Mr. Suarez.

11:40:29 >>MARY MULHERN: Ms. Kert, I hate you have to jump up and

11:40:34 down, but I guess this is what would further clarify for me.

11:40:38 What I see this analogous to is what's happened on Howard

11:40:41 Avenue, and we have heard lots and lots of complaints about

11:40:45 the noise, and it's very similar because the restaurants and

11:40:51 bars on Howard back up to residential multifamily,

11:40:57 apartments and condos and town homes.

11:40:59 When you talk about the decibel level that is lower, is that

11:41:03 the same as what's in the SoHo?

11:41:05 >> Yes, that would be what is the same in the SoHo area.

11:41:09 But I can't speak to you whether any specific property there

11:41:11 that people are complaining on is operating in violation of

11:41:14 that.

11:41:15 >> Right, I understand that.

11:41:18 Thank you.

11:41:18 >>MIKE SUAREZ: Mrs. Ms. Kert -- you are way too quick.

11:41:25 We are not grilling you that bad, are we?

11:41:28 >>REBECCA KERT: Not yet.

11:41:28 >> And this goes to the point of the nonassertive decibel

11:41:33 level, but can we put in the site plan that it has to follow

11:41:38 current city noise ordinance?

11:41:42 Because the question I had before for you was, the time




11:41:44 frame.

11:41:45 And what the decibel was.

11:41:48 And Mr. Shelby already read that to us.

11:41:51 But so that we can have a broader control over what the

11:41:56 future mate hold, where you put on there that it has to

11:41:59 follow city ordinances.

11:42:01 And if it changes, it still goes to the site plan, correct?

11:42:04 >> Yes.

11:42:05 If I understand your question correctly, I believe the

11:42:07 condition would be stated that it would follow 14-161 and

11:42:09 then --

11:42:13 >> As amended.

11:42:14 >> What it actually says, because -- you really want the

11:42:18 substance of 14-161, not section 14-161, which can change in

11:42:23 the future.

11:42:24 >> Right. We want to make sure if there is a change, that

11:42:28 the change will attach to that particular property no matter

11:42:31 who the owners are.

11:42:32 >> Okay.

11:42:33 Let me state this.

11:42:34 If you put a condition listing the decibel levels as stated

11:42:36 --

11:42:37 >> Not decibel levels.

11:42:40 >> Let me keep going.

11:42:41 If it was stated as Mr. Shelby said with the decibel levels




11:42:44 and the hours that apply to those decibel levels that would

11:42:46 apply as long as the special use permit was in effect.

11:42:50 As long as it never dried up or anything else.

11:42:52 If the city had an additional noise ordinance that changed,

11:42:56 that would also apply to this property.

11:42:57 >> Okay.

11:42:58 >> So you would have both.

11:42:59 >> Then that's the answer to my question.

11:43:01 Thank you.

11:43:02 >>CHARLIE MIRANDA: Any other comments by council members?

11:43:03 Need a motion to close.

11:43:05 >>YVONNE CAPIN: Move to close.

11:43:06 >>CHARLIE MIRANDA: I have a motion by Mrs. Capin to close,

11:43:09 second by Mr. Cohen.

11:43:10 All in favor of the motion to close, please signify by

11:43:13 saying aye.

11:43:14 >>REBECCA KERT: Sorry.

11:43:22 We need to submit the change. I apologize.

11:43:29 >> Move to receive and file.

11:43:31 >>CHARLIE MIRANDA: To receive and file that document by Mrs.

11:43:35 Montelione, seconded by Mrs. Capin.

11:43:37 The ayes have it unanimous.

11:43:39 Now I need a vote on the closing of this hearing.

11:43:41 I have a motion on the floor.

11:43:42 I have a second.




11:43:43 All in favor of the motion please indicate by saying aye.

11:43:46 Opposed, nay.

11:43:47 The ayes have it unanimously.

11:43:49 So now we go back to the passage or not passage.

11:43:54 Mrs. Capin has the ordinance and she'll make a

11:43:56 recommendation with the items that were discussed about the

11:43:59 noise and the levels and the parking as presented by the

11:44:03 city.

11:44:07 >>YVONNE CAPIN: Thank you, chairman.

11:44:10 An ordinance approving special use permit for alcoholic

11:44:13 beverage sales, bar, lounge on premises only and making

11:44:17 lawful the sale of beverages regardless of alcoholic

11:44:20 content, beer, wine, liquor, on that certain lot, plot or

11:44:24 tract of land located at 421 South MacDill Avenue, Tampa,

11:44:28 Florida, as more particularly described in section 2, all

11:44:32 ordinances or parts of ordinances in conflict are repealed

11:44:35 and providing an effective date, including the conditions of

11:44:43 speakers being turned in a way from the outside toward the

11:44:48 building, and the parking leases -- parking leases,

11:44:57 approval, between first and second reading, and the decibel

11:45:08 requirements as they stand today.

11:45:14 >>CHARLIE MIRANDA: And the other things the legal department

11:45:17 would require.

11:45:18 >>REBECCA KERT: I just want a clarification that the

11:45:20 parking waiver on the site plan would be from 64 until 4 and




11:45:25 then you have an additional requirement for parking.

11:45:28 >>CHARLIE MIRANDA: That would be between first and second.

11:45:31 Petitioner agreed on all of that?

11:45:32 >> I believe Dr. Suarez wanted to track current hours of

11:45:38 operation for security there.

11:45:40 And then I spoke to Eric Cotton on the BD 1 process which is

11:45:46 how the parking leases will be approved, and he thought that

11:45:49 it could be done within two weeks, and so I will stay on it

11:45:54 and make sure that that can be done.

11:45:57 >>CHARLIE MIRANDA: Downfall council is well aware between

11:45:59 first and second that would be one of the items we would be

11:46:02 looking forward to.

11:46:03 Motion by Mrs. Capin, seconded by Mr. Cohen on item number

11:46:09 64.

11:46:13 All in favor of the motion please indicate by saying aye.

11:46:16 Opposed, nay.

11:46:17 Item passes unanimously.

11:46:19 Thank you very much for attending.

11:46:20 >>THE CLERK: The second reading of the ordinance will be

11:46:22 held February 2nd at 9:30 a.m.

11:46:26 >>CHARLIE MIRANDA: We go now to information reports and new

11:46:28 business by council members.

11:46:29 Right to left.

11:46:30 Mr. Suarez.

11:46:31 >>MIKE SUAREZ: I have two items of new business.




11:46:35 I would like to request that the City Council prepare a

11:46:38 commendation honoring Steve Daignault fault, the City of

11:46:41 Tampa's public works administrator for his eight years of

11:46:45 outstanding service and leadership.

11:46:47 Steve will be retiring from the City of Tampa on February

11:46:49 3rd and we wish him well in his future endeavors.

11:46:52 >> Second.

11:46:53 >> I have a motion by Mr. Suarez, second by Mr. Cohen.

11:46:55 All in favor of that motion please indicate by saying aye.

11:46:58 Opposed, nay.

11:46:59 The ayes have it unanimously.

11:47:00 >> I would also like to request commendation to

11:47:05 Congresswoman Kathy Castor, commending her leadership for

11:47:10 Tampa International Airport, Tampa port, the port Manatee,

11:47:13 and the overall Tampa Bay community regarding international

11:47:16 trade development.

11:47:17 And she's going to be awarded, I believe, an award from the

11:47:24 Tampa Bay World Trade Center.

11:47:26 >>CHARLIE MIRANDA: I believe that's next Thursday at the

11:47:27 Hyatt.

11:47:28 I have a motion by Mr. Suarez, I have a second by Mrs.

11:47:31 Montelione.

11:47:32 Discussion by council members?

11:47:33 All in favor of the motion please indicate by saying aye.

11:47:36 Opposed, nay.




11:47:37 The ayes have it unanimously.

11:47:40 Mrs. Capin.

11:47:41 >>YVONNE CAPIN: Nothing.

11:47:42 >>CHARLIE MIRANDA: Thank you very much.

11:47:43 You are a great council person.

11:47:44 Mr. Reddick.

11:47:45 >>FRANK REDDICK: I have two items.

11:47:48 One is request a commendation for the City of Tampa black

11:47:52 history month celebration on February 8th.

11:47:56 >>HARRY COHEN: Second.

11:47:57 >>CHARLIE MIRANDA: Motion by Mr. Reddick, I have a second by

11:47:59 Mr. Cohen on a very close vote with Councilwoman Montelione.

11:48:03 All in favor?

11:48:05 Opposed?

11:48:05 The Ayes have it unanimously.

11:48:06 >>FRANK REDDICK: And second, Mr. Chairman, I had an

11:48:10 opportunity to see a presentation about waste and recycle,

11:48:13 and I'm requesting for February 9th -- February 16, to

11:48:22 have a ten-minute presentation of this presentation by

11:48:25 Robbie Christy to come and do a ten-minute presentation on

11:48:32 smooth ways of recycling.

11:48:34 >>CHARLIE MIRANDA: I have a motion by Mr. Reddick, second by

11:48:36 Mrs. Capin on that motion.

11:48:38 All in favor of the motion please indicate by saying aye.

11:48:44 Nay?




11:48:47 The motion passes unanimously.

11:48:49 >>MARY MULHERN: I would like to $council schedule a five

11:48:51 minute presentation by John DeMureo of Moffitt for bringing

11:48:57 awareness to the upcoming men's health forum.

11:49:01 And I would like that to be the first item of business.

11:49:05 >>CHARLIE MIRANDA: I have a motion by Mrs. Mulhern, seconded

11:49:07 by Mrs. Montelione.

11:49:08 All in favor of the motion?

11:49:10 Opposed, nay.

11:49:11 The ayes have it unanimously.

11:49:12 >>MARY MULHERN: In addition to that, at the same time, I

11:49:16 would like council to present a resolution in support of the

11:49:20 men's health forum, and I have that placed that on the

11:49:23 agenda for March 1st.

11:49:24 >> Second.

11:49:27 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, seconded by moss

11:49:29 Montelione on a close vote with about five others.

11:49:33 All in favor of the motion?

11:49:34 Opposed?

11:49:35 The Ayes have it unanimously.

11:49:36 >>MARY MULHERN: And then the third thing is last year we

11:49:40 voted to present two commendations, one to Joe Maddon as

11:49:46 American league manager of the year and one to Jeremy

11:49:49 Hellickson rookie of the year American league last year.

11:49:53 I finally have been able to schedule the appearance so that




11:49:58 we can present the commendation to Joe Maddon on February

11:50:02 16th.

11:50:04 I would like to schedule that, place that on the agenda for

11:50:07 February 16th at 9:00 a.m.

11:50:12 >>YVONNE CAPIN: Second.

11:50:13 >>CHARLIE MIRANDA: Motion by Mrs. Mulhern, second by Ms.

11:50:15 Capin.

11:50:16 All in favor?

11:50:17 Opposed?

11:50:17 The Ayes have it unanimously.

11:50:18 >> Nothing additional.

11:50:27 >>LISA MONTELIONE: I'll make up for Mr. Cohen's.

11:50:33 I would like to make a motion to have -- to direct legal

11:50:38 department to review the statutes and the public school,

11:50:47 Hillsborough County public schools procedures reviewing and

11:50:51 approving charter schools and how that interacts with the

11:50:54 code that we currently have on our books for operating

11:50:58 schools within our district boundaries of the City of Tampa.

11:51:04 >>YVONNE CAPIN: Second.

11:51:04 >>CHARLIE MIRANDA: I'm sorry, I have three things going.

11:51:06 You have made a motion and seconded by Mrs. Capin.

11:51:11 I have a motion by Ms. Montelione, seconded by Mrs. Ms.

11:51:14 Capin.

11:51:15 All in favor of that motion?

11:51:17 Opposed?




11:51:17 The Ayes have it unanimously.

11:51:18 >>LISA MONTELIONE: I believe we made this motion earlier

11:51:25 but I want to be sure we direct the city clerk's office to

11:51:28 place the addenda to the agenda on doc agenda, on the web

11:51:32 site.

11:51:32 >> Second.

11:51:34 >>CHARLIE MIRANDA: I have a motion by Mrs. Montelione,

11:51:35 seconded by Mrs. Mulhern.

11:51:37 All in favor of the motion?

11:51:39 Opposed?

11:51:39 The Ayes have it unanimously.

11:51:40 >>LISA MONTELIONE: We have a workshop coming up on March

11:51:45 22nd for code enforcement.

11:51:48 And I have a motion to add certain elements to that

11:51:54 workshop, because the workshop seems to be limited in some

11:51:58 part to discussion of the civil citation foreclosure

11:52:01 registry process.

11:52:02 I just want to direct code enforcement, legal department,

11:52:07 and our staff at zoning to come forward as well.

11:52:11 I would like to request budget to be here to report on how

11:52:17 much and where the funds are allocated when fines are levied

11:52:21 and are collected, either through the satisfaction of liens

11:52:25 or through the levies that are placed by the Code

11:52:27 Enforcement Board.

11:52:29 I would like to have them also report on cost benefit




11:52:35 analysis of the effectiveness and the cost of the services

11:52:39 that we currently outsource to private companies versus

11:52:42 utilizing our own employees to perform services for code

11:52:47 enforcement as far as securing properties, mowing,

11:52:51 demolition, so forth.

11:52:53 The on the, I would like to ask that our zoning staff be

11:52:57 present, either Gloria or Cathy Coyle, Gloria Moreda or

11:53:01 Cathy Coyle, to discuss how the current ordinance relates to

11:53:05 snipe you signs currently placed in our rights-of-way, and

11:53:09 for legal to address the possibility of levying fines,

11:53:14 regarding the snipe sign placement in our rights-of-way, and

11:53:17 that would be in conjunction with however the code reads on

11:53:20 that as well.

11:53:24 I would also ask that legal report on the -- there is a

11:53:27 house bill or Senate bill -- I'm not sure which one it is --

11:53:30 that effects the notice requirements.

11:53:32 So I would like to hear a report on how those notice

11:53:35 requirements changes in our state statutes would affect our

11:53:39 notice requirements for code enforcement.

11:53:42 So those are things that I would like to add specifically to

11:53:45 that workshop.

11:53:46 And I noticed that it's scheduled at the same time, 10 a.m.,

11:53:49 as the 20-minute presentation.

11:53:51 So maybe if we schedule that 20-minute presentation for

11:53:54 league of Florida to follow the report from the citizens




11:54:00 advisory committee on cultural assets, and then have code

11:54:05 enforcement be last on the agenda.

11:54:07 It might work out a little better.

11:54:09 >>CHARLIE MIRANDA: Is that satisfactory?

11:54:12 >>FRANK REDDICK: Mr. Chair, we had limited that workshop to

11:54:15 code enforcement one hour based on this additional.

11:54:22 Extend that one hour.

11:54:23 >>CHARLIE MIRANDA: As you are well aware, one hour is more

11:54:32 than 60 minutes [ Laughter ]

11:54:34 >> Authorizes dog hours.

11:54:35 >> Watching 60 minutes and a rerun.

11:54:38 So I am sure that we will go over the hour.

11:54:40 But we have to schedule something.

11:54:41 So I have a motion by Mrs. Montelione, seconded by Mulhern.

11:54:48 All in favor of the motion?

11:54:51 Opposed?

11:54:52 The Ayes have it unanimously.

11:54:53 >>LISA MONTELIONE: The other items are just highlighting.

11:54:58 I would like to highlight that we did today as part of our

11:55:01 agenda approve the replacement of the utility billing system

11:55:04 so, all of those that were able to comment through the

11:55:08 survey, thank you very much.

11:55:10 And hopefully some of our heartburn on how our utilities are

11:55:15 billed will be eased by that new system.

11:55:18 And that we received a memo -- I'm not sure if everyone has




11:55:23 been able to see it.

11:55:24 I did read it in the paper release -- that one of the QTI

11:55:28 approvals that we had here for fund to bring a company to

11:55:33 Tampa has been successful.

11:55:35 The company Meru Networks announced yesterday that it is

11:55:39 expanding its sales force operation in the Westshore

11:55:42 business district through the help of QTI funds.

11:55:46 They will be expanding to add 60 -- or actually locate 60

11:55:53 new jobs with an average annual wage of at least $61,086 in

11:55:58 the City of Tampa.

11:56:00 We were up against two locations in Texas, and they have

11:56:04 decided to come here.

11:56:05 So I'm very excited about that.

11:56:08 And also in a technology atmosphere, there's an event

11:56:14 tonight at the Glazers Children's Museum called "Ignite

11:56:19 Tampa," an information exchange fostering and inspiring

11:56:24 Tampa's creative community, ten passionate speakers from

11:56:28 technical help, informational communities will talk about

11:56:30 their current projects or favorite ideas in just favor

11:56:33 minutes.

11:56:33 And I encourage anyone who can attend tonight to go there.

11:56:39 It should be a lot of fun.

11:56:44 >>YVONNE CAPIN: I read it in the paper and it sounded really

11:56:46 familiar, the five-minute presentation.

11:56:48 I'm glad to hear that others are picking up on that and how




11:56:51 effective it can be.

11:56:52 >> I'm glad to hear that all the newspapers are back,

11:56:57 because there's more information being written by good

11:57:00 writers and information being shared that no one would ever

11:57:04 have noticed on the Internet.

11:57:06 To me it's not American to wake up in the morning and pick

11:57:08 up a paper, just like it is a few other things in life.

11:57:12 But that's just my personal opinion.

11:57:13 >> I read it on my PDA after mid nature.

11:57:16 >> I don't have anything called PDA or ABC or NBC or CBS.

11:57:20 But I do read it in the paper.

11:57:22 But thank you very much.

11:57:23 Any other comments by council members?

11:57:25 We go to the general public for comments.

11:57:28 Anyone in the audience that cares to Councilman and speak on

11:57:30 three minute on the subject matter, please come forward.

11:57:32 >>

11:57:57 (City Council meeting adjourned)

11:59:21



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